United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's petition is affirmed where: 1) the difference between what petitioner's counsel investigated and presented, and what they could have investigated and presented, is not so pronounced that the new evidence would have outweighed any one of the aggravating circumstances; 2) alleged violations of state law were not cognizable on federal habeas review; and 3) so long as any single aggravating factor found in the penalty phase was supported, alleged constitutional infirmities as to remaining ones were harmless.

Appellate Information

• Decided 07/15/2010
• Published 07/15/2010

Judges

• Pamela A. Rymer

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Oliver W. Loewy, L. LaMont Anderson