United States Ninth Circuit

The district court's denial of a defendant's habeas corpus petition challenging his conviction and capital sentence for murder, kidnapping, robbery, and theft is affirmed, where: 1) despite a procedural default issue, defendant's Brady claim is denied on the merits because the notes the prosecution withheld were not material to the guilty verdict; 2) defendant was not diligent in securing the facts supporting his claim that photographic evidence produced by the state before trial was altered, and that some photos had been omitted and not produced during discovery; 3) the state's suppression of evidence was not the cause of defendant's failure to comply with state procedural rules so as to excuse the procedural default of this claim; 4) defendant had not established that a detective knowingly provided false testimony that the prosecution knew the testimony would be inaccurate; 5) defendant could not show that the alleged juror misconduct had a substantial and injurious effect on the verdict; and 6) the district court properly denied defendant's claims regarding mitigating evidence and ineffective assistance of counsel.

Appellate Information

• Decided 06/19/2013
• Published 06/19/2013

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel