United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is affirmed in part where the record belied petitioner's allegations of insufficient investigation of possible mitigating circumstances. However, the order is reversed in part where the district court erred by permitting a witness to anticipatorily claim the Fifth Amendment privilege because the court believed that she was going to testify untruthfully.

Appellate Information

• Decided 10/19/2010
• Published 10/19/2010

Judges

• Richard C. Tallman

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert S. Gerstein, James W. Bilderback, II