United States Ninth Circuit

Petitioner's due process claims based on admission of judge's testimony and prosecutor misconduct were procedurally defaulted, and sufficient evidence supported a finding of perjury as to false testimony, thus dismissal of a 28 U.S.C. section 2254 petition is affirmed.

Appellate Information

• Decided 03/14/2003
• Published 03/14/2003

Judges

• BERZON, Circuit Judge., Before SCHROEDER, Chief Judge, O'SCANNLAIN, RYMER, T.G. NELSON, HAWKINS, McKEOWN, WARDLAW, GOULD, BERZON, RAWLINSON, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Charles M. Sevilla,Cleary & Sevilla, San Diego, CA, for the petitioner-appellant., Cliff Gardner, San Francisco, CA, for the amicus curiae.


• For Appellees:
  
• Brentford Ferriera and Matthew G. Monforton, Office of the District Attorney, Los Angeles, CA, for the respondents-appellees.