Kirkpatrick v. Chappell, No. 14-99001 (9th Cir. 2019)
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The Ninth Circuit filed an order withdrawing the original opinion and issued a new opinion affirming the district court's denial of petitioner's habeas corpus petition challenging his capital sentence for two first-degree murders.
The panel held that petitioner was not entitled to relief on his Eighth Amendment claim against arbitrary and capricious sentencing, because he could not show that the jury's consideration of the facts that he poisoned a witness's dogs and threatened her property had a substantial and injurious effect on the jury's decision to impose the death penalty. The panel also held that petitioner has not presented clear and convincing evidence to rebut the California Supreme Court's finding that he validly waived his state habeas exhaustion petition.
Court Description: Habeas Corpus / Death Penalty The panel filed (1) an order withdrawing the original opinion and (2) a new opinion affirming the district court’s denial of William Kirkpatrick’s habeas corpus petition challenging his capital sentence for two first-degree murders. In its order withdrawing the original opinion, the panel explained that this case was originally decided by a panel comprised of Judge Stephen Reinhardt, Judge Kim McLane Wardlaw, and Judge Alex Kozinski. Appellee’s petition for panel rehearing and rehearing en banc was pending when
This opinion or order relates to an opinion or order originally issued on October 10, 2017.
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