United States Ninth Circuit

Denial of habeas relief for petitioner as to his convictions for burglary and murder, and a grant of conditional relief as to special circumstances findings and his death sentence are affirmed on appeal and cross-appeal over the state's claims that: 1) findings of prosecutorial error relied on "new rules" of criminal procedure and hence were barred by Teague; 2) even if not Teague-barred, undisclosed offers and promises were immaterial and any prosecutorial error was harmless; 3) a claim regarding the undisclosed psychiatric reports was procedurally defaulted and the failure to disclose did not constitute reversible error. The court also rejects petitioner's claims regarding: 1) racially derogatory remarks by defense counsel during trial; 2) whether he was forced by counsel to wear jail clothing as opposed to civilian apparel; 3) erroneous admission of evidence; and 4) cumulative error.

Appellate Information

• Argued 12/07/2006
• Decided 01/23/2008
• Published 01/23/2008

Judges

• WARDLAW, Circuit Judge:, Before:  KIM McLANE WARDLAW, RICHARD A. PAEZ, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Tracy J. Dressner, La Crescenta, California, and Jay L. Lichtman, Los Angeles, CA, for petitioner-appellee/cross-appellant., Bill Lockyer, Attorney General;  Robert R. Anderson, Chief Assistant Attorney General;  Pamela C. Hamanaka, Senior Assistant Attorney General;  Scott A. Taryle, Deputy Attorney General;  Kyle S. Brodie, Deputy Attorney General;  and Susan Lee Frierson, Deputy Attorney General, Los Angeles, CA, for respondent-appellant/cross-appellee.