Bonnaudet

Bonnaudet v. Henry

Good Law
303 F. App'x 375
United States Court of Appeals for the Ninth CircuitDecember 15, 2008No. 07-55853California355 words

Opinion

lead Opinion

MEMORANDUM **

California state prisoner Nora Bonnaudet appeals from the district court’s denial of her 28 U.S.C. § 2254 habeas corpus petition challenging her conviction for first degree murder for financial gain. We *376 have jurisdiction pursuant to 28 U.S.C. § 2253 and review de novo. Lopez v. Schriro, 491 F.3d 1029,1036 (9th Cir.2007). We affirm.

The district court properly denied habeas relief as to petitioner’s Brady claim which she premised on the alleged suppression of information regarding two body shop employees. Setting aside the question of whether there was sufficient foundation for the employees’ proposed testimony about the van they allegedly cleaned, petitioner’s Brady claim fails because she supposedly took the van to the body shop herself and knew its condition. She was therefore “aware of the essential facts enabling [her] to take advantage of [the] exculpatory evidence.” Raley v. Ylst, 470 F.3d 792, 804 (9th Cir.2006).

The district court properly denied petitioner’s ineffective assistance of counsel claim because she failed to show a “reasonable probability” that the result of the proceeding would have been different had her attorney presented the testimony…

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