United States Ninth Circuit

The district court's dismissal of part of petitioner's habeas corpus petition which alleged that his due process right to discovery had been violated, is affirmed, where the claim was procedurally defaulted in state courts, and was not subject to the exception recognized in Martinez v. Ryan for instances where trial counsel was ineffective and the claim could not be raised earlier.

Appellate Information

• Decided 10/11/2013
• Published 10/11/2013

Judges

• FERNANDEZ

Court

• United States Ninth Circuit

Counsel