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Ninth Circuit· 2/6/2018

Ricky Earp v. Ron Davis

Citations

  • 881 F.3d 1135

How courts have described this case

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

  • reasoning that abuse of discretion 12 occurs if “discovery is indispensable to a fair, rounded, development of the material facts”
  • rejecting request for further discovery regarding possible prosecutorial 1 misconduct when missing evidence already permitted adverse inference sought by 2 petitioner
  • affirming district court’s denial of further discovery 3 where petitioner’s allegations were “too attenuated and too speculative” to make a plausible 4 showing
  • affirming district court’s denial of further discovery 5 where petitioner’s allegations were “too attenuated and too speculative” to make a plausible 6 showing
  • affirming district court’s denial of 19 further discovery where petitioner’s allegations were “too attenuated and too speculative” 20 to make a plausible showing
  • “Sitting as fact-finder, the trial court judge is tasked with 8 weighing and making factual findings as to the credibility of witnesses.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Farris, Tallman, Smith

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

42 cases in this archive are cited by this case; the 20 most cited are listed.

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.