United States Ninth Circuit

A request for stay of execution and an application for leave to file a second or successive petition for writ of habeas corpus in a capital murder case are denied where defendant's claims were either barred as having been raised in a previous habeas petition, or defendant failed to make a prima facie showing of due diligence and actual innocence.

Appellate Information

• Decided 02/19/2006
• Published 02/20/2006

Judges

• Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Senior, Esq., McBreen & Senior, Los Angeles, CA, for Petitioner.


• For Appellees:
  
• Dane R. Gillette, Esq., AGCA-Office of the California Attorney General, San Francisco, CA, Keith H. Borjon, Esq., AGCA-Office of the California Attorney General, Los Angeles, CA, for Respondent.