Marcos Reis-Campos v. Martin Biter

Marcos Reis-Campos appeals from the district court’s order denying his petition for writ of habeas corpus challenging his 2007 second-degree murder conviction. He correctly argues that the prosecution concealed evidence that could have bolstered his self-defense claim. However, the immensely deferential standard of review mandates that we affirm the district court.

I. Factual Background and Procedural History

On June 26, 2004, Reis-Campos — a Nor-teño gang member — killed Luis Guillermo Fuentes — the head of the local (and rival) MS-13 gang. The shooting occurred in Norteño territory in San Francisco, where Reis-Campos encountered Fuentes and his six-year-old son walking down the sidewalk. Fuentes wore blue shoes, MS-13’s color. Reis-Campos was not wearing or displaying anything red, his gang’s color. Reis-Campos shot Fuentes six times, hitting him in the face, back of the head, and back. After the shooting, Reis-Campos ran away, tossed the gun, and entered a laundromat, where he was arrested.

A. Trial

1. The Prosecution Case

Reis-Campos was charged with first-degree murder in violation of California Penal Code § 187. In his July 2007 jury trial, the prosecution…