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United States Ninth Circuit


Zapien v. Martel, 09-99023

Denial of state prisoner's petition for habeas corpus relief from first degree murder conviction and death sentence is affirmed where the California Supreme Court did not unreasonably reject his claims: 1) that he was denied due process when a prosecutor investigator destroyed an audio tape explaining defense strategy; 2) that his rights under the Confrontation Clause were violated by the admission of certain evidence; 3) of ineffective assistance of counsel at the guilt and sentencing phase; and 4) that his right to an impartial jury was violated when the trail court failed to dismiss a juror who admitted to hearing a news report that suggested petitioner would hurt his guards if he were given the death penalty.

Appellate Information

  • Decided 11/09/2015
  • Published 11/09/2015

Judges

  • KOZINSKI

Court

  • United States Ninth Circuit

Counsel

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