Floyd v. Filson, No. 14-99012 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's denial of petitioner's habeas corpus petition challenging his Nevada conviction and death sentence for four counts of first degree murder. Given that petitioner's underlying ineffective assistance of counsel claims lack merit, the panel need not resolve whether the relevant Nevada law was adequate or if it is, whether petitioner can overcome his procedural default and obtain federal review of the merits of his ineffective assistance claims. Even if the panel held in petitioner's favor in either of those questions and reached the merits of the claims, the panel would affirm the district court's denial of relief.
The panel also held that the Nevada Supreme Court's determination -- that petitioner's constitutional rights were not violated when the state's expert made reference during his testimony to test results that he had obtained from petitioner's expert -- was not contrary to or an unreasonable application of controlling Supreme Court case law. Furthermore, the panel rejected petitioner's claim regarding change of venue, the testimony of the mother of the victim, and improper statements by the prosecutor. Finally, the panel declined to expand the certificate of appealability.