Hernandez

Hernandez v. Smith

Good Law
100 F. App'x 615
United States Court of Appeals for the Ninth CircuitApril 5, 2004No. 02-56608California676 words

Opinion

Lead Opinion

MEMORANDUM **

Salvador Hernandez appeals the district court’s dismissal of his petition for habeas corpus relief. We affirm the district court’s conclusion that the California Court of Appeal’s adjudication did not result in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States. 28 U.S.C. § 2254 (d).

*617 The prosecution’s delay in turning over the notes of an investigating officer until midway through trial did not violate Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963). Hernandez is unable to show any prejudice resulting from the prosecutor’s delay. See Strickler v. Greene, 527 U.S. 263, 281-82 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999) (outhning the three components of a successful Brady claim, the third of which is prejudice). The prosecutor turned over the notes immediately upon her discovery of their existence, before the defense had even started to present its case. Furthermore, the trial judge permitted the defense to recall any of the prosecution witnesses who had already testified, and also gave the defense the weekend to interview any…

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