Gloria Killian v. Susan Poole, Warden

282 F.3d 1204 Gloria KILLIAN, Petitioner-Appellant, v. Susan POOLE, Warden, Respondent-Appellee. No. 00-16477. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 3, 2001. Filed March 13, 2002. COPYRIGHT MATERIAL OMITTED William J. Genego (argued), Nasatir, Hirsch, Podberesky & Genego, Santa Monica, CA, for the petitioner-appellant. Pat Whalen (argued) and Michael J. Weinberger, Office of the Attorney General of the State of California, Sacramento, CA, for the respondent-appellee. Appeal from the United States District Court for the Eastern District of California; Garland E. Burrell, District Judge, Presiding. D.C. No. CV-97-02024-GEB-GGH. Before: HUG, D.W. NELSON and HAWKINS, Circuit Judges. HAWKINS, Circuit Judge. 1 We must decide whether the use of perjured testimony, the withholding of evidence that would help show the falsity of the testimony, and the reliance on the perjury by the prosecutor in final argument, alone or in combination justifies habeas relief. Proceedings Below 2 In 1986, Petitioner Gloria Killian ("Killian") was convicted in California state court of first degree felony murder, attempted murder, burglary, robbery, grand theft, and…