Tak Sun Tan v. Runnels

No. 04-55775 (7-7-05). This is collateral challenge to the tragic murder of Dr. Haing Ngor, who was the lead character in The Killing Fields film, for which he received an academy award. The district court had granted relief for the murder convictions on the basis of prosecutorial misconduct. The 9th, using the deferential standards of AEDPA, reversed. The prosecution made extensive reference to the victim's Cambodia experience, but that was relevant because of the theory that the victim struggled to keep a locket, with a copy of his late wife's photo (the only photo there was left). The 9th also found that the state hadn't misstated facts.