United States Ninth Circuit

Denial of a petition for habeas relief in a murder case is affirmed over claims that: 1) 28 U.S.C. section 2254(d)(1), a provision of the AEDPA limiting the grounds for federal habeas relief for prisoners convicted in state court, violates the Suspension Clause and interferes with the independence of federal courts under Article III; 2) due process required recusal of the trial judge; and 3) a state court's conclusion that publicity surrounding the case did not require a change of venue.

Appellate Information

• Argued 10/17/2006
• Decided 07/09/2007
• Published 07/09/2007

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  MELVIN BRUNETTI, DIARMUID F. O'SCANNLAIN, and STEPHEN S. TROTT, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Victor S. Haltom, Sacramento, CA, Attorney at Law, argued the cause for petitioner-appellant Andrew Cortez Crater and filed briefs.


• For Appellees:
  
• Brian R. Means, Sacramento, CA, Supervising Deputy Attorney General of the State of California, argued the cause for respondent-appellee George M. Galaza;  Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General of the State of California, and Mary Jo Graves, Senior Assistant Attorney General of the State of California, were on the brief.