United States Ninth Circuit

In a habeas corpus case, denial of a motion for leave to file an amended habeas petition and denial of habeas relief are affirmed where: 1) petitioner did not show prejudice due to ineffective assistance of counsel; and 2) though the amended petition related to the same conviction, it did not relate back to plaintiff's original habeas petition because it asserted a new ground for relief supported by facts that differ in both time and type from those the original pleading set forth.

Appellate Information

• Argued 04/14/2008
• Decided 09/16/2008
• Published 09/16/2008

Judges

• CLIFTON, Circuit Judge:, Before:  RONALD M. GOULD, RICHARD R. CLIFTON, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• George C. Boisseau and Dena Meierhenry (argued), Santa Rosa, CA, for the appellant.


• For Appellees:
  
• Nanette Winaker (argued), Deputy Attorney General, State of California, San Francisco, CA, for the appellee.