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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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