Varghese

ORDER

The opinion filed on June 26, 2013, and appearing at 720 F.3d 1100 (9th Cir.2013), is amended as follows:

An amended opinion will be filed concurrently with this order.

With the amended opinion, the panel has unanimously voted to deny the petitions for panel rehearing and rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petitions for panel rehearing and rehearing en banc are DENIED.

No further petitions shall be entertained.

OPINION

Parakkamannil Koshy Bilji Varghese, a California state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . A jury convicted Varghese of stabbing and murdering his ex-wife’s lover. A key piece of evidence in the case was a small blood stain found at the crime scene. The prosecution’s initial test of the blood stain showed that it matched Varghese’s DNA. *821 Varghese requested the remaining blood sample to conduct a DNA test using his own expert, but without having to disclose the test results to the prosecution, even though a second test…