Tossie Bennett v. Robert G. Borg, Warden

15 F.3d 1083 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Tossie BENNETT, Petitioner-Appellant, v. Robert G. BORG, Warden, Respondent-Appellee. No. 92-55962. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 3, 1993. Decided Dec. 7, 1993. Before: BROWNING, BEEZER AND TROTT, Circuit Judges. 1 MEMORANDUM * 2 Tossie Bennett challenges the district court's denial of his petition for a writ of habeas corpus. He argues that he should be granted a new trial because a key prosecution witness recanted her testimony following the trial and because his trial counsel was ineffective. We affirm. 3 * A 4 Bennett argues that this court should grant his habeas corpus petition and order a new trial because his initial conviction was based on perjured testimony. This court reviews de novo the district court's decision to grant or deny a habeas petition. Adams v. Peterson, 968 F.2d 835, 843 (9th Cir.1992) (en banc), cert. denied, 113 S.Ct. 1818 (1993). 5 Even if it…