Wednesday, February 07, 2018

Earp v. Davis, No.15-56989 (2-6-18)(Tallman w/Farris & N. Smith).

Affirming the district court’s denial of further discovery and dismissal of claim, the 9th holds that the court did not abuse its discretion in declining to authorize further discovery to support petitioner’s claim for prosecutorial misconduct. The petitioner sought to connect those responsible for evidence spoliation of DNA, supporting a claim of innocence, with witness intimidation. The court, after a hearing, found no basis. The 9th also found that the court did not improperly weigh and value the credibility of the petitioner’s witnesses.

The decision is here:


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