Monday, January 11, 2021

Hooper v. Shinn, No. 08-99024 (1-8-21)(Bennett w/Nguyen & Nelson)(Note: This is an AZ FPD CHU case). The 9th affirmed the district court’s denial of petitioner’s Brady claims, leave to amend the petition, and Martinez post-conviction IAC claims. The Brady claims involve benefits to a witness and delayed disclosures of police reports and photos. AEDPA deference foreclosed consideration; but the 9th concludes, the Brady evidence was not material. The petition’s amendment to allege the death penalty was unconstitutional based on convictions now invalid was found futile. Last, petition could not prove prejudice for any IAC failure by post-conviction counsel.

The decision is here:


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