Toby Stangel v. Shawn Wead

FILED

NOT FOR PUBLICATION

OCT 22 2024

UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TOBY STANGEL, No. 23-15980

Petitioner-Appellant, D.C. No. 1:22-cv-00067-JMS-

KJM

v.

SHAWN WEAD, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the District of Hawaii J. Michael Seabright, District Judge, Presiding

Submitted October 7, 2024** Honolulu, Hawaii

Before: MURGUIA, Chief Judge, and GRABER and MENDOZA, Circuit Judges.

Petitioner Toby Stangel (“Stangel”) appeals the district court’s denial of his

habeas petition under 28 U.S.C. § 2254, arguing that he was deprived of a federal

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). right to present a complete defense by the trial court’s exclusion of Dr. Acklin’s

testimony. We have jurisdiction pursuant to 28 U.S.C. § 2253 and review de novo

a…