United States Ninth Circuit

Denial of state prisoner's 28 U.S.C. section 2254 habeas corpus petition challenging his conviction and death sentence for triple homicide is affirmed over arguments that defense counsel was constitutionally ineffective where: 1) the California Supreme Court reasonably deferred to defense counsel's choices regarding exclusion of gang affiliation evidence; 2) defense counsel's initial decision not to present an inmate's testimony to impeach a prosecution witness did not fall below an objective standard of reasonableness; 3) an uncertified and unexhausted claim under Brady v. Maryland that the state failed to disclose impeachment evidence about the prosecution witness is without merit; and 4) the California Supreme Court's rejection of petitioner's witness intimidation claim was not contrary to or an unreasonable application of Webb v. Texas.

Appellate Information

• Published 2016/07/20

Judges

• CHRISTEN

Court

• United States Ninth Circuit

Counsel