Ybarra v. McDaniel, No. 07-99019 (9th Cir. 2011)
Annotate this CaseOver thirty years ago, petitioner was convicted and sentenced to death for the 1979 kidnapping, rape, and murder of a sixteen-year-old female. Petitioner subsequently appealed the district court's denial of habeas relief. The court held that the district court erred by dismissing as unexhausted petitioner's claim for denial of an impartial jury, but after receiving supplemental briefing from the parties, the court denied the claim on the merits. The court affirmed the district court on the other three claims. As to the uncertified claims, the court granted a COA on the prosecutorial misconduct claim because the district court erred by finding this claim unexhausted, but also denied that claim on the merits. The court denied a COA on the remaining uncertified claims. Therefore, petitioner was not entitled to habeas relief.
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