Robert Lee Skinner v. Harold J. Cardwell, Warden

Caution
564 F.2d 1381·1977 U.S. App. LEXIS 5858
United States Court of Appeals for the Ninth CircuitNovember 29, 197776-2988 and 76-2991California5,200 words

Opinion

Opinion

Carter, J.

This is an appeal by plaintiff Robert Lee Skinner from the denial of his petition for a Writ of Habeas Corpus. Skinner was convicted by jury in the state of Arizona of armed robbery and first degree murder. His conviction was affirmed by the Arizona Supreme Court.

On appeal to this court Skinner contends that the petition for Habeas Corpus was improvidently denied for four reasons: (1) the prosecution allegedly failed to disclose material information; (2) certain attempts by Skinner’s counsel to cross-examine were curtailed; (3) a prosecution witness was permitted to take the stand and assert his right not to testify due to self-incrimination; and (4) the trial judge made purportedly inconsistent rulings with respect to prosecution and defense efforts to introduce prior statements of witnesses. Finding none of these claims meritorious, we affirm.

I. FACTS.

In the fall of 1969, plaintiff Robert Skinner and two friends, Paul Wright and Donnell Thomas, began planning to rob the Crown Liquor Store in Tucson, Arizona. On September 6, 1969, they approached George McDonald, requesting his assistance in the robbery. McDonald asked that they wait until he returned from a planned trip to…

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