United States Ninth Circuit

In an amended opinion, on remand from the Supreme Court, the district court's denial of habeas corpus relief to a Washington state prisoner who challenged his conviction on charges stemming from his participation in a spree of armed robberies and a burglary, is affirmed where: 1) the King County Superior Court's erroneous refusal to allow defense counsel to make alternative arguments during summation -- that the state hadn't met its burden of proof, and that petitioner committed the crimes under duress -- was harmless because the jury heard overwhelming evidence that petitioner committed the charged offenses and any argument that the prosecution failed to meet its burden of proof would have fallen on deaf ears; and 2) while petitioner may have shown cause for failing to raise the Brady and Napue claims in his 2008 personal restraint petition, he cannot show prejudice.

Appellate Information

• Published 2016/08/29

Judges

• KOZINSKI

Court

• United States Ninth Circuit

Counsel