United States Ninth Circuit

Denial of Idaho state prisoner's motion under Fed. R. Civ. P. 60(b) and 60(d) for relief from judgment denying his habeas corpus petition challenging his conviction and capital sentence for two counts of first-degree murder, two counts of felony murder, and one count of grand theft, is affirmed where: 1) People v. Martinez v. Ryan, 132 S. Ct. 1309 (2012), does not cover claims other than other than ineffective assistance of trial or appellate counsel to excuse procedural default; and 2) the Attorney General did not perpetrate a fraud on the district court.

Appellate Information

• Decided 04/22/2015
• Published 04/22/2015

Judges

• Gould

Court

• United States Ninth Circuit

Counsel