Ricky Cooper v. Dwight Neven, No. 08-16973 (9th Cir. 2011)
Annotate this CasePetitioner appealed the dismissal of his writ for habeas corpus with prejudice when defendant was convicted of attempted robbery with the use of a deadly weapon, attempted murder with the use of a deadly weapon, battery with the use of a deadly weapon, and first degree murder with the use of a deadly weapon. At issue was whether the district court erred in concluding that certain grounds of his petition were procedurally defaulted. Also at issue was whether the district court erred in concluding that the dismissal claims in Brady v. Maryland and Napue v. Illinois barred federal review. The court held that Grounds 3A and 4 were properly dismissed where they were procedurally defaulted and that Grounds 9 and 10 were properly dismissed regardless of procedural default status. The court also held that Grounds 7A(3), 8(3), and 8(5) were improperly dismissed as procedurally defaulted. The court further held that the Brady and Napue related claims were improperly dismissed where the merits of the claim did not rest on an independent and adequate state ground and therefore, did not bar federal habeas review.
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