United States Ninth Circuit

Petition to review denial of habeas corpus relief from state conviction of murder is denied under the Antiterrorism and Effective Death Penalty Act of 1996 because no established Supreme Court precedent was violated or unreasonably applied where: 1) the state court properly admitted out of court statements deemed non-testimonial; 2) any testimonial out of court statements admitted did not cause substantial and injurious effect on the verdict; 3) expert testimony for the defense was discretionarily excluded pursuant to Rule 702 of the Washington Rules of Evidence; and 4) expert testimony which opined on an ultimate issue to be resolved by the trier of fact was admitted for the prosecution.

Appellate Information

• Argued 02/04/2008
• Decided 09/15/2008
• Published 09/15/2008

Judges

• Before:  RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Henry Browne, Seattle, WA, for the petitioner-appellant.


• For Appellees:
  
• Alex A. Kostin, Assistant Attorney General, Olympia, WA, for the respondent-appellee.