Parrakkamannil Varghese v. Domingo Uribe, Jr.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PARRAKKAMANNIL KOSHY BILJI No. 11-55686

VARGHESE,

Petitioner-Appellant, D.C. No. 3:09-cv-02801- v. WQH-WVG

DOMINGO URIBE, JR., Warden; ORDER AND

EDMUND G. BROWN, JR., AMENDED

Respondents-Appellees. OPINION

Appeal from the United States District Court for the Southern District of California William Q. Hayes, District Judge, Presiding

Argued and Submitted January 8, 2013—Pasadena, California

Filed June 26, 2013 Amended September 23, 2013

Before: Alex Kozinski, Chief Judge, M. Margaret McKeown, and Milan D. Smith, Jr., Circuit Judges.

Order; Opinion by Judge Milan D. Smith, Jr. SUMMARY*

Habeas Corpus

The panel affirmed the district court’s denial of a 28 U.S.C. § 2254 habeas corpus petition challenging a murder conviction.

Petitioner sought to test the remainder of a blood sample after the prosecution had conducted an initial DNA test, with no obligation to reveal the test results to the prosecution. The panel held that the state trial court’s compromise – to have either a neutral laboratory…