Quinn

Miller v. Quinn

Good Law
307 F. App'x 96
United States Court of Appeals for the Ninth CircuitJanuary 9, 2009No. 07-35531California701 words

Opinion

Lead Opinion

MEMORANDUM **

Christopher Miller appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. §§ 1291 and 2258(a), and we affirm in part and reverse in part.

I.

Based on confessions he made to the police, a Washington state jury found Christopher Miller guilty of aggravated first degree murder. The trial court sentenced Miller to life in prison without possibility of parole.

After appealing his conviction and filing a state personal restraint petition, Miller filed a federal habeas petition. He made three basic claims: (1) that DNA evidence shows he falsely confessed and must be granted a new trial, (2) that the due process clause requires that Miller be given access to DNA evidence found on the victim as well as relevant state and federal DNA databases, and (3) that the prosecutor wrongly induced Miller’s confession by *98 giving him misleading legal advice. The district court dismissed Miller’s petition, finding that he had not properly exhausted his claims as required by 28 U.S.C. § 2254 (b), because he had not presented them as federal constitutional violations to the Washington Supreme Court.

II.

Miller did not…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.