James E. Griffin, Jr. v. Dan Johnson, Superintendent, Snake River Correctional Institution

Good Law
350 F.3d 956·2003 WL 22770126·2003 Cal. Daily Op. Serv. 9981·2003 U.S. App. LEXIS 23656
United States Court of Appeals for the Ninth CircuitNovember 20, 200301-36157California4,041 words

Opinion

Opinion

Wallace, J.

Petitioner James Griffin appeals from the district court’s denial of his amended petition for habeas corpus relief. He argues that the district court erred (1) in concluding that his newly presented evidence did not establish actual innocence with respect to his proeedurally defaulted ineffective assistance of counsel claim, and (2) in denying an evidentiary hearing on his actual innocence claim. We have jurisdiction to review Griffin’s petition pursuant to 28 U.S.C. § 1291 and 28 U.S.C. § 2253 (a), and we affirm.

I.

In February 1991, Griffin met Roseanne Walter at a soup kitchen in Medford, Oregon. Witnesses reported seeing Griffin and Walter driving around town together following this initial encounter. When Walter’s body turned up several days later partially burned with multiple stab wounds, Medford police charged Griffin with intentional murder.

Shortly after being indicted for Walter’s murder, Griffin obtained summaries of his psychiatric records from Camarillo State Hospital, where he had been institutionalized intermittently throughout his childhood and adolescence. Griffin’s discharge summaries from Camarillo indicate that he suffers from “Non-Psychotic Organic Brain…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.