Zapien v. Martel, No. 09-99023 (Kozinski
with Rawlinson and Murguia) --- Reviewing all of the prisoner's claims on the
merits against AEDPA's limitation on relief, the Ninth Circuit affirmed the
denial of a ยง 2254 habeas petition filed by a California state prisoner. The claims include (1) a claim regarding the
potential destruction of evidence; (2) a claimed Confrontation Clause
violation; (3) numerous allegations of ineffective assistance at the guilt and
penalty phases; and (4) a claim that a juror was exposed to extrajudicial
information. The panel held that all of
these claims failed either because the prisoner couldn't point to clearly
established federal law to support his arguments or (with respect to the latter
two groups of claims) because the state court's rejection of the claims was
within the tolerance established by the "doubly deferential" review
of Harrington v. Richter, 131 S. Ct.
770 (2011).
The decision is here:
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