Maxwell

Maxwell v. Roe

Good Law
628 F.3d 486·2010 WL 4925429·2010 U.S. App. LEXIS 24432
United States Court of Appeals for the Ninth CircuitNovember 30, 201006-56093California12,687 words

Opinion

Opinion

Paez, J.

Bobby Joe Maxwell was arrested in April 1979 and charged with murdering ten men in downtown Los Angeles, California. The media dubbed the murders for which Maxwell was charged the “Skid Row Stabber” killings. The prosecution’s best physical evidence linking Maxwell to any of the crime scenes was a palm print on a public bench found near the body of one of the victims. The bench, however, was located in an area Maxwell frequented, and the prosecution was unable to isolate the age of the print. Lacking solid physical evidence, the prosecution rested its case on the testimony of jailhouse informant Sidney Storch. Storch testified that while he and Maxwell shared a cell, Maxwell confessed. Maxwell maintained that he was innocent and that Storch was lying throughout the nine month trial. The jury ultimately convicted Maxwell of two of the ten counts of first degree murder and one count of robbery. Maxwell was sentenced to life in prison without the possibility of parole. In exchange for his testimony at Maxwell’s trial, Storch was released from custody one year and eight months early.

Maxwell appeals the district court’s denial of his habeas petition. Maxwell’s appeal and…

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