Knowles

Knowles v. Lewis

Good Law
22 F. App'x 875
United States Court of Appeals for the Ninth CircuitDecember 26, 2001No. 01-15171; D.C. No. CV-97-20685 RMWCalifornia329 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Knowles appeals the denial of his writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

Knowles first argues that the prosecutor committed misconduct in informing the trial court that witness Douglas “could be facing prosecution” for attempting to dissuade the victim from testifying. Because Knowles failed to develop in state court the factual basis for the claim of misconduct, he may not be granted an evidentiary hearing in federal court to further develop it. See 28 U.S.C. § 2254 (e)(2). Based on *876 the facts contained in the record, we cannot say that the state court’s decision on this issue was contrary to, or an unreasonable application of, federal law as determined by the Supreme Court. See id. § 2254(d)(1); see also United States v. Touw, 769 F.2d 571, 573 (9th Cir.1985) (a prosecutor’s statements to the judge “calling the court’s attention to the dangers of a witness testifying” and resulting in the witness invoking his privilege against incrimination, did not constitute prosecutorial misconduct).

Knowles next argues that cumulative trial errors, including the erroneous admission of prior bad acts, rendered the…

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