United States Ninth Circuit

Defendant's convictions in a capital murder case are affirmed over claims of alleged failure of the prosecution to turn over material exculpatory evidence in violation of Brady and alleged presentation of perjured testimony, and the case is remanded with instructions to grant relief as to the penalty, subject to the state's retrying the penalty phase within a reasonable time.

Appellate Information

• Argued 02/15/2006
• Decided 05/09/2006
• Published 05/09/2006

Judges

• GRABER, Circuit Judge., Before FERGUSON, GRABER, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Marianne D. Bachers and Tony Tamburello, San Francisco, CA, for the petitioner-appellant.


• For Appellees:
  
• Ward A. Campbell, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.