West v. Ryan, No. 11-71987 (9th Cir. 2011)
Annotate this CasePetitioner applied for authorization to file a second or successive petition for a writ of habeas corpus where he was convicted of first degree felony murder, second degree burglary, and theft in March 1988. At issue was whether a "claim presented in a second or successive habeas corpus application" was "presented in a prior application." Also at issue was whether petitioner's application to file a second or successive petition for writ of habeas corpus should be granted. The court held that because petitioner's claim regarding ineffective assistance of sentencing counsel was raised in a prior habeas petition, it must be dismissed. The court also held that petitioner had not satisfied his burden of proving, by clear and convincing evidence, that the evidence he now proffered, regarding the ineffective assistance of sentencing counsel and petitioner's recent diagnosis of post-traumatic stress disorder (PTSD), was newly-discovered or that no reasonable factfinder would have found him eligible for the death penalty had he been aware of the evidence. Accordingly, petitioner's application was denied.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.