Brown v. Muniz, No. 16-15442 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit denied petitioner's application for leave to file a second or successive habeas petition with the district court. The panel held that petitioner's Brady v. Maryland claim was subject to the Antiterrorism and Effective Death Penalty Act's (AEDPA) second or successive gatekeeping requirements because the factual predicate supporting a Brady claim existed at the time of the first habeas petition. The panel applied AEDPA's second or successive bar to petitioner's Brady claim and held that he has failed to make the requisite prima facie showing of actual innocence.
Court Description: Habeas Corpus The panel (1) affirmed the district court’s dismissal of California state prisoner Gregory Brown’s second-in-time habeas corpus petition for failure to obtain authorization from this court to file a second or successive petition, and (2) denied his application for leave to file a second or successive petition. Brown’s second-in-time habeas petition alleged failure to disclose materially exculpatory evidence under Brady v. Maryland. The panel held that Brady claims are subject to AEDPA’s second or successive gatekeeping requirements because the factual predicate supporting a Brady claim – the state’s failure to disclose exculpatory evidence before trial – exists at the time of the first habeas petition. Considering the exculpatory evidence individually and together with the evidence presented at trial, the panel held that Brown fails to make a prima showing of actual innocence by clear and convincing evidence. The panel therefore denied his application for leave to file a second or successive petition.
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