Lowden

Lowden v. Wood

Good Law
21 F. App'x 603
United States Court of Appeals for the Ninth CircuitOctober 11, 2001No. 00-36046; D.C. No. CV-98-00028-JLQCalifornia768 words

Opinion

Lead Opinion

MEMORANDUM ***

Patrick Lowden was convicted of first-degree murder in the Washington state *604 court. He appeals from a judgment denying his petition for habeas relief under 28 U.S.C. § 2254 . Because the parties are familiar with the facts, we state them here only to the extent necessary to our decision.

We agree with the district court that Lowden fully and fairly presented his federal claim of denial of a fair trial to the state supreme court. See 28 U.S.C. § 2254 (b)(1)(A); Van Tran v. Lindsey, 212 F.3d 1143, 1149 (9th Cir.2000).

I.

Lowden’s principal contention is that the prosecutor so intimidated one of his alibi witnesses, Shawn McCoy, that he did not testify. At the evidentiary hearing in the district court, McCoy testified that the prosecutor told him he had proof that McCoy was lying and that he would go to jail for perjury, that the prosecutor “reamed” him so that he forgot his name and where he was, and that he did not testify because the prosecutor made him feel that he was wrong in what he firmly believed to be the truth. The prosecutor in turn testified that he simply went over McCoy’s testimony with him and merely warned him of the perjury statute and the…

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