Ford

Ford v. Pliler

Good Law
99 F. App'x 766
United States Court of Appeals for the Ninth CircuitMay 14, 2004No. 02-16911; D.C. No. CV-01-00840-LKKCalifornia418 words

Opinion

Lead Opinion

MEMORANDUM *

Mariet Ford (“Ford”), a California state prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus. Ford was convicted of three counts of second-degree murder and one count of arson in the deaths of his pregnant wife, their three-year-old son, and their unborn son. Shortly after he was convicted, Ford learned of evidence tending to exculpate him and moved the state trial court for a new trial. The trial court denied Ford’s motion and sentenced him to a term of 45-years-to-life. The state appellate courts affirmed the trial court’s decision. Ford then filed a federal habeas petition claiming, among other things, that the denial of the motion for a new trial violated his due process rights. The district court rejected Ford’s claims and he filed this timely appeal. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review the district court’s decision to deny a habeas petition de novo. See Powell v. Lambert, 357 F.3d 871, 874 (9th Cir.2004). Because Ford’s petition was filed after April 24, 1996, it is governed by the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132,…

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