Curtis Ervin v. Ron Davis

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS SEP 10 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CURTIS LEE ERVIN, No. 16-99010

Petitioner-Appellant, D.C. No. 5:00-cv-01228-LHK

v.

MEMORANDUM*

RONALD DAVIS, Warden, California State Prison at San Quentin,

Respondent-Appellee.

Appeal from the United States District Court for the Northern District of California Lucy H. Koh, District Judge, Presiding

Argued and Submitted June 2, 2021 Seattle, Washington

Before: GOULD, OWENS, and FORREST, Circuit Judges.

Curtis Ervin appeals from the denial of his 28 U.S.C. § 2254 habeas petition

seeking relief from his first-degree murder conviction and death sentence on four

grounds: (1) the prosecutor improperly granted a witness full immunity, which

gave the witness a “license to lie” during the trial, (2) racial animus tainted the jury

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. deliberations, (3) Ervin’s counsel was prejudicially ineffective during sentencing,

and (4)…