United States Ninth Circuit

The district court properly denied a habeas corpus petition challenging petitioner's conviction and capital sentence for murder, where: 1) the state court's denial of petitioner's claim that the prosecutor violated Batson v. Kentucky, 476 U.S. 79 (1986), by using peremptory challenges to strike two Hispanic potential jurors, was not based on an unreasonable determination of the facts; 2) the state court's denial of petitioner's claim of ineffective assistance of counsel regarding the investigation and presentation of mitigation evidence of petitioner’s troubled childhood and impairments was not based on an unreasonable determination of the facts or an unreasonable application of clearly established federal law; and 3) the motion to expand the certificate of appealability is denied because the district court properly found that allowing petitioner to bring numerous proposed claims in an amended habeas petition would be futile.

Appellate Information

• Decided 03/17/2014
• Published 03/17/2014

Judges

• BYBEE

Court

• United States Ninth Circuit

Counsel