Jose Munoz v. J. Pickeet

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS NOV 4 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSE LUIS MUÑOZ, No. 21-55084

Petitioner-Appellant, D.C. No. 2:19-cv-10439-MWF-GJS v.

J. PICKEET, Acting Warden, MEMORANDUM*

Respondent-Appellee.

Appeal from the United States District Court for the Central District of California Michael W. Fitzgerald, District Judge, Presiding

Argued and Submitted October 22, 2024* Pasadena, California

Before: TALLMAN, R. NELSON, and BRESS, Circuit Judges.

Jose Muñoz appeals the district court’s denial of habeas relief under 28 U.S.C.

§ 2254. Muñoz was convicted in California state court of first-degree murder. He

argues that the state trial court’s exclusion of expert testimony violated his

constitutional right to present a complete defense. Muñoz sought to admit Dr. Jack

Rothberg’s expert testimony to support a claim of PTSD or flight-or-fight response

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. as part of…