United States Ninth Circuit

The denial of a petition for habeas corpus is affirmed, where: 1) the Nevada Supreme Court's determination that the trial court did not abuse its discretion in refusing to declare a mistrial was not inconsistent with Dawson v. Delaware, 503 U.S. 159 (1992), and even if there was an error, it was harmless; 2) certain grounds of the petition did not share a common core of operative facts with the grounds asserted in an earlier petition, and thus did not relate back and were untimely; and 3) as to another ground, the petitioner's procedural default could not be excused despite an assertion that his mental condition prevented him from complying with the state's requirements.

Appellate Information

• Decided 04/04/2012
• Published 04/04/2012

Judges

• Wallace

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Franny A. Forsman, Daniel M. Roche