Earp v. Davis

The Ninth Circuit affirmed the district court's order on remand denying petitioner's claims that the California state court improperly denied his motion for a new trial based on the State's prosecutorial misconduct. Petitioner was convicted of raping and killing an eighteen-month-old girl. The panel held that the district court properly denied further discovery in light of its finding that there was no good cause to permit additional discovery because petitioner received the adverse inference he desired and further discovery into the State's alleged spoliation of evidence would not affect the decision of the remaining witness intimidation claim of the habeas petition. The panel also held that the district court did not clearly err in weighing the credibility of the witnesses in light of the evidence adduced at the hearing. View "Earp v. Davis" on Justia Law