United States Ninth Circuit

The district court's denial of a habeas corpus petition challenging petitioner's convictions of murder, robbery and attempt, and aggravated robbery and attempt arising from a triple homicide, is affirmed, where the Arizona courts did not engage in an unreasonable determination of the facts or an unreasonable application of controlling federal law when: 1) denying petitioner's claims that under Napue v. Illinois, the prosecution knowingly elicited and used the false testimony of a detective regarding when the petitioner became a suspect in this case; and 2) denying petitioner's claim that his trial counsel provided ineffective assistance of counsel by calling as a witness, in pursuit of a mistaken-identity defense, a state informant who otherwise would not have testified at the trial.

Appellate Information

• Decided 07/25/2014
• Published 07/25/2014

Judges

• TIMLIN

Court

• United States Ninth Circuit

Counsel