United States Ninth Circuit

In a capital habeas matter, a denial of the petition is affirmed in part where the prosecution's failure to produce letters written by the prosecutor on behalf of a government witness resulted in little or no prejudice, given the extensive impeachment material already available to the defense. However, the denial of the petition is vacated in part where the district court applied the wrong diligence standard to deny petitioner an evidentiary hearing on his sentencing ineffectiveness claim.

Appellate Information

• Argued 05/14/2009
• Decided 09/11/2009
• Published 09/11/2009

Judges

• Before: MARY M. SCHROEDER, STEPHEN REINHARDT and PAMELA ANN RYMER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelley J. Henry, Nashville, TN, for the petitioner-appellant.


• For Appellees:
  
• Jon G. Anderson, Phoenix, AZ, for the respondent-appellee.