Zapien v. Martel

A panel of the Court of Appeals for the Ninth Circuit amended an opinion filed November 9, 2015 and denied a petition for panel rehearing or rehearing en banc in a case in which the panel affirmed the district court’s denial of a habeas corpus petition filed by Defendant, a California state prisoner who challenged his conviction for first degree murder and sentence of death. In the amended opinion, the panel (1) rejected Defendant’s argument that the California Supreme Court unreasonably rejected his claim that he was denied due process when a prosecution investigator destroyed an audio tape found in a sealed envelope that explained defense strategy; (2) held that the California Supreme Court did not unreasonably reject Defendant’s arguments that his rights under the Confrontation Clause were violated by the trial court’s evidentiary rulings; (3) held that the California Supreme Court did not unreasonably reject Defendant’s claims of ineffective assistance of counsel at the guilt phase or sentencing phase of trial; and (4) held that the California Supreme Court did not unreasonably reject Defendant’s claim that his right to an impartial jury was violated when the trial court failed to dismiss a certain juror. View "Zapien v. Martel" on Justia Law