United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is affirmed where: 1) the sentencing court expressly indicated that it considered all the mitigating evidence at petitioner's sentencing proceedings, and the Arizona Supreme Court independently reviewed the record on appeal; 2) even assuming the district court erred in addressing procedural default sua sponte, petitioner was independently barred from seeking relief through his expanded allegations of ineffective assistance of counsel because he did not develop the factual basis for this claim in state court; and 3) the information in an undisclosed note was not "material" for Brady purposes.

Appellate Information

• Decided 01/20/2011
• Published 01/20/2011

Judges

• M. Margaret McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Kelley J. Henry, Susanne Bartlett Blomo