United States Ninth Circuit

The district court's denial of a habeas corpus petition to a prisoner sentenced to death is: 1) affirmed in part, where a) the district court did not err in its rulings governing the evidentiary hearing, b) there was no constitutionally ineffective assistance of counsel, and c) evidence withheld from the defendant and misrepresented to the jury was not material to his convictions for attempted murder, first-degree murder, and robbery; and 2) reversed in part and the case remanded, where the prosecution violated the defendant's due process rights by depriving him of, and willfully misleading the jury as to, critical evidence that was material to the special circumstance finding that the murder was committed during the course of a robbery, rather than vice versa.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Reinhardt

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert Todd Marshall