United States Ninth Circuit

In a capital habeas matter, denial of the petition is affirmed where: 1) the deposition testimony and affidavits of both counsel supported the district court's finding that petitioner failed to show that defense counsel lacked the information contained in an allegedly withheld report; 2) petitioner pointed to no evidence that the judge was unable to preside over his case in a fair and impartial manner; and 3) petitioner offered insufficient authority to justify the application of a heightened standard of reliability to guilt phase issues.

Appellate Information

• Argued 02/03/2010
• Decided 03/08/2010
• Published 03/08/2010

Judges

• Before PAMELA ANN RYMER, RONALD M. GOULD and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Oliver W. Loewy, Federal Defender Services of Idaho, Moscow, ID, for the petitioner-appellant.


• For Appellees:
  
• L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellees.