Friday, November 05, 2021

Ochoa v. Davis, No. 16-99008 (11-1-21)(Clifton w/Rawlinson & Collins). The 9th affirms denial of a capital petition. AEDPA deference cuts short consideration of both guilt and sentencing issues. One such issue was Brady. A witness, who had participated in one of the aggravating offenses (a prior sexual assault), testified for the State regarding the petitioner’s involvement in the murder. This witness allegedly had implicated himself  to three separate “jailhouse informants” that he was involved in the murder. The State Supreme Court held these statements should have been disclosed, but in light of the petitioner’s confession and other evidence, the statements were not material.

The decision is here:


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