United States Ninth Circuit

In an appeal from a judgment of the district court denying petitioner's application for habeas relief from his State conviction for first-degree murder, appeal is stayed where later-discovered materials strengthen petitioner's Brady claim, such that he is entitled to return to the State court to present his claim with the benefit of the materials that were not available and not part of the record at the time of the State court's decision.

Appellate Information

• Decided 12/07/2011
• Published 12/07/2011

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert Berke, Joseph P. Lee