United States Ninth Circuit

Denial of habeas petition is: 1) affirmed in part, where petitioner did not make an unequivocal request for self-representation; 2) admission of deceased victim's statements to police into evidence was proper under the medical diagnosis exception to the hearsay rule; 3) it was not an unreasonable determination that evidence of the crime lab's DNA testing review process was not exculpatory; 4) denial of relief was proper based on cumulative deficiency; but 5) vacated in part, where petitioner's claim of ineffective assistance of counsel was procedurally barred, and remanded to allow consideration of whether petitioner can show cause and prejudice under Martinez.

Appellate Information

• Decided 08/25/2014
• Published 08/25/2014

Judges

• Paez

Court

• United States Ninth Circuit

Counsel