Mitcham

Mitcham v. Stewart

Good Law
103 F. App'x 643
United States Court of Appeals for the Ninth CircuitJuly 26, 2004No. 03-15672California289 words

Opinion

Lead Opinion

MEMORANDUM **

Mark L. Mitcham, an Arizona state prisoner, appeals the district court’s denial of *644 his habeas corpus petition, which challenges his conviction and sentence for child molestation and sexual conduct with a minor. See 28 U.S.C. § 2254 . We affirm.

Mitcham contends that his rights under the Fourteenth Amendment to the United States Constitution were violated because a witness’ testimony amounted to prosecutorial misconduct that denied him due process. See Darden v. Wainwright, 477 U.S. 168, 181 , 106 S.Ct. 2464, 2471 , 91 L.Ed.2d 144 (1986); Donnelly v. DeChristoforo, 416 U.S. 637, 642-43 , 94 S.Ct. 1868, 1871 , 40 L.Ed.2d 431 (1974); Drayden v. White, 232 F.3d 704, 713 (9th Cir.2000).

However, Mitcham procedurally defaulted on that claim because he never exhausted his due process argument before the Arizona Court of Appeals, as he was required to do. See 28 U.S.C. § 2254 (b)(1); Baldwin v. Reese, — U.S.-,-, 124 S.Ct. 1347, 1349 , 158 L.Ed.2d 64 (2004); Swoopes v. Sublett, 196 F.3d 1008, 1010 (9th Cir.1999). While Mitcham did present the state court with the facts underlying his federal due process claim, his filings before that tribunal failed to indicate that…

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