United States Ninth Circuit

A petition brought by a death row inmate for habeas corpus relief is denied, where: 1) petitioner's ineffective assistance of counsel claims related to state post-conviction relief counsel fail because they do not amount to an allegation of a “defect in the integrity of the federal habeas proceedings” that constitutes grounds for a legitimate Federal Rule of Civil Procedure 60(b) motion; 2) there was no Brady violation; 3) even if petitioner had authority for the Rule 60(b) motion, which he did not, petitioner has not met the standard for relief under Rule 60(b); and 4) construed as a second habeas corpus petition, petitioner's claims fail because he has not presented a prima facie showing that his application satisfies the requirements of 28 U.S.C. section 2244(b).

Appellate Information

• Decided 10/18/2013
• Published 10/18/2013

Judges

• GOULD

Court

• United States Ninth Circuit

Counsel