Luke Hunton v. Stephen Sinclair

MEMORANDUM

Luke M. Hunton appeals from the denial of his petition for a writ of habeas corpus filed in the United States District Court for the Eastern District of Washington. We assume the parties’ familiarity with the facts and procedural history of this case. Briefly, the petition arises out of his conviction for bank robbery in Washington State. On his direct appeal to the Washington Court of Appeals, Hunton alleged that the prosecution had failed to timely disclose Brady material. The Washington Court of Appeals observed that “Mr. Hun-ton may have a point,” however it held that “the factual basis for his claim cannot be examined on the record before this court. See State v. Crane, 116 Wash.2d 315, 335 , 804 P.2d 10 (1991) (review is limited to the appellate record).” The Su preme Court of Washington denied review on October 6, 2004.

Hunton then sought a personal restraint petition, which is a form of collateral attack on the judgment of conviction, that is filed originally in the Court of Appeals. See, e.g., Wash. Rev.Code Ann. § 10.73.090 (2011); Wash. R.App. P. 16.5. He failed to raise the Brady issue in this collateral attack, in which he could have expanded upon the…