Skip to main content
Ninth Circuit· 6/19/2013

Graham S Henry v. Charles Ryan

Citations

  • 720 F.3d 1073
  • 2013 WL 3027404
  • 2013 U.S. App. LEXIS 12525

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that “historical alcoholism might [be] considered aggravating as well as mitigating, depending on the perspective of the sentencing court”
  • recognizing that “historical alcoholism might [be] considered aggravating as well as mitigating, depending on the perspective of the sentencing court”
  • finding that petitioner’s conclusory 3 assertion that any testimony inconsistent with the truth must be not only inaccurate but also 4 perjured, does not constitute evidence sufficient to make out a Napue claim
  • applying Rule 32.1(e) 11 criteria to determine if an avenue for relief existed for purposes of exhausting Henry’s new 12 evidence supporting his Brady claim
  • affirming the denial of an evidentiary hearing when petitioner failed to “point to any additional evidence that could be properly pursued at an evidentiary hearing to” support his claim
  • no cause established when petitioner suspected and had evidentiary support for his Brady claim prior to federal habeas proceedings

Source: CourtListener parenthetical corpus (CC0).

Judges: Fisher, Tallman, Callahan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.