United States Ninth Circuit

District court's denial of defendant's request for habeas relief from his convictions for murder and aggravated assault and the imposition of the death penalty, is affirmed where: 1) the district court correctly determined that defendant was not entitled to heabeas relief of his claims that the prosecutor committed prejudicial misconduct in violation of his rights to due process and a fair trial; 2) the district court correctly determined that defendant was not entitled to habeas relief on his claims that he was denied effective assistance of counsel at trial, sentencing, and on appeal; 3) the district court properly denied defendant's claim that the state trial court erred by denying his request for funding to a neurometric brain mapping test; and 4) the district court did not abuse its discretion by denying defendant's request for an evidentiary hearing, evidentiary hearing, evidentiary development, and expansion of the record.

Appellate Information

• Decided 09/10/2012
• Published 09/10/2012

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel