United States Ninth Circuit

In a capital habeas matter, denial of petitioner's petition is affirmed where: 1) an allegedly exculpatory confession by another witness was not reliable and was thus appropriately excluded; 2) there was no Brady violation when a defendant possessed the information that he claims was withheld; 3) defendant's statement that "I did it" came after his handcuffs were removed and while petitioner was being booked at the station, and in these circumstances no Mosley error occurred; and 4) the aggravating circumstances were too strong, and the new mitigating evidence added too little, to create a reasonable probability of a different outcome absent defense counsel's alleged ineffectiveness.

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-appellee.