Martin

Martin v. Carey

Good Law
89 F. App'x 80
United States Court of Appeals for the Ninth CircuitFebruary 25, 2004No. 01-57127California122 words

Lead Opinion

MEMORANDUM *

Petitioner Jerry Martin seeks a writ of habeas corpus because the trial court refused to appoint an expert on eyewitness testimony. This issue was dealt with di *81 rectly in Jackson v. Ylst, 921 F.2d 882 (9th Cir.1990), in which we held, among other things, that a claim such as Martin’s is barred under Teague v. Lane, 489 U.S. 288 , 109 S.Ct. 1060 , 103 L.Ed.2d 334 (1989). See Jackson, 921 F.2d at 885-86 . Martin has failed to demonstrate that Jackson no longer controls. Therefore, the petition is denied.

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.