Kirkpatrick v. Chappell, No. 14-99001 (9th Cir. 2019)Annotate this Case
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.
This opinion or order relates to an opinion or order originally issued on October 10, 2017.