Harrison

MEMORANDUM *

I.

David Scott Harrison, convicted of murder in California state court, appeals the district court’s denial of his habeas corpus petition alleging that he is entitled to relief on two grounds. First, Harrison contends that the prosecution withheld evidence in violation of Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Second, he argues that he was denied effective assistance of counsel in violation of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). The Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2254 , et al. is applicable. Because the parties are acquainted with the (somewhat unusual) facts and procedural history of this case, we do not repeat them here.

II.

A. Brady Claim

Harrison fails to set forth facts supporting his contention that information was withheld by the prosecution in violation of Brady , namely a tape recording of a conversation between him and jailhouse informant Alan Pace. Pursuant to discovery ordered by the district court, the only two possible witnesses, former prosecutor (and now Magistrate Judge) Larry Burns and former defense investigator William Cassidy,…