Curtis Fauber v. Ronald Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

CURTIS LYNN FAUBER, No. 17-99001 Petitioner-Appellant, D.C. No. v. 2:95-cv-06601- GW RONALD DAVIS, Warden, California State Prison at San Quentin, OPINION Respondent-Appellee.

Appeal from the United States District Court for the Central District of California George H. Wu, District Judge, Presiding

Argued and Submitted January 24, 2022 Pasadena, California

Filed August 5, 2022

Before: Paul J. Watford, Daniel A. Bress, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Bress; Dissent by Judge Watford SUMMARY *

Habeas Corpus/Death Penalty

The panel affirmed the district court’s judgment denying Curtis Fauber’s habeas corpus petition challenging his murder conviction and death sentence.

The district court certified four claims for appeal.

Claims 10(a) and (c) and Claim 41(a)(1)(16) all concerned the prosecutor’s alleged improper vouching for the credibility of witness Brian Buckley by reading to the jury the plea agreement in which Buckley agreed to testify against Fauber. In Claim 41(a)(1)(16), Fauber argued that…