Finkel

United States v. Finkel

Good Law
165 F. App'x 531
United States Court of Appeals for the Ninth CircuitJanuary 27, 2006No. 04-15706California630 words

Opinion

Lead Opinion

MEMORANDUM ***

Avrom Finkel appeals the district court’s denial of 28 U.S.C. § 2255 habeas relief, refusal to permit discovery during his habeas proceedings, and failure to reappoint habeas counsel after previously appointed counsel was permitted to withdraw.

Mr. Finkel first contends he is entitled to habeas relief under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), and its progeny, based on the Government’s alleged failure to disclose evidence that Jeanne McAllister and Ashley Collins had been hypnotized on several occasions prior to testifying against Mr. Finkel at his underlying trial. “There are three components of a true Brady violation: The evidence at issue must be favorable to the accused, either because it is exculpatory, or because it is impeaching; that evidence must have been suppressed by the State, either willfully or advertentr ly; and prejudice must have ensued.” Strickler v. Greene, 527 U.S. 263 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999). Allegations of Brady violations are reviewed de novo. United States v. Ciccone, 219 F.3d 1078, 1085 (9th Cir.2000).

Because Mr. Finkel has presented no evidence that Miss Collins has ever been…

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