United States Ninth Circuit

In an application for authorization to file a second or successive petition for habeas relief, U.S.C. section 2244(b)(3), application is denied where petitioner failed to satisfy his burden of proving, by clear and convincing evidence, that the evidence he now proffers is newly-discovered or that no reasonable factfinder would have found him eligible for the death penalty had he been aware of the evidence.

Appellate Information

• Decided 07/18/2011
• Published 07/18/2011

Judges

Court

• United States Ninth Circuit

Counsel