Wednesday, September 07, 2011

Ninth Circuit -- YBARRA V. MCDANIEL

Habeus claim procedurally barred, except for issue raised on interlocutory appeal during trial.

No unreasonable applications of fact/law in trial court's refusal of venue change.

Overbroad aggravating factor of deparavity was harmless error.

COA's not incorrectly denied.

Prosecutors comparison in closing to the Genovese case not reversible error.

NO cumulative error.

YBARRA V. MCDANIEL

[Thou shalt not kill.  -TMB]
Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.