Joshua Giddings v. Austin Knudsen

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAY 15 2023

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSHUA DAVID GIDDINGS, No. 21-35953

Petitioner-Appellant, D.C. No. 6:16-cv-00026-DLC

v.

MEMORANDUM*

AUSTIN KNUDSEN; JIM SALMONSEN,

Respondents-Appellees.

Appeal from the United States District Court for the District of Montana Dana L. Christensen, District Judge, Presiding

Submitted May 11, 2023** Seattle, Washington

Before: TALLMAN, CLIFTON, and IKUTA, Circuit Judges.

Joshua David Giddings brings a habeas petition challenging his 2007

Montana state conviction for the deliberate homicide that took the life of Amy

Rolfe, tampering with or fabricating physical evidence, and criminal possession of

a dangerous drug (methamphetamine). Giddings raises three certified issues on

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). appeal. First, that his due process…