Quintero

MEMORANDUM ***

Habacu C. Quintero appeals the district court’s denial of his petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 . He contends that the district court improperly dismissed, as procedurally defaulted, his Brady claim regarding the mental health records of prosecution witness Alfredo Rodriguez. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and will affirm.

Quintero was charged with the murder of Mary Orduno, attempted murder of Alfredo Rodriguez, kidnapping of each of them, and conspiracy. Nearly one month before trial, Rodriguez was disclosed as one of the State’s witnesses. Quintero requested informally, and pursuant to Rule 15.1(c) or (d), that the State produce Rodriguez’s mental health records and other character evidence. In a pre-hearing conference, Quintero objected to the manner and completeness of the State’s disclosure. However, the State submitted a statement indicating that it had disclosed all items in the control of the Pima County Attorney’s Office.

A few days before trial, the State was unable to locate Rodriguez and moved for a continuance, which was denied. On the first day of trial, after voir dire, the State informed…