In a capital habeas matter, a denial of the petition is affirmed in part where the prosecution's failure to produce letters written by the prosecutor on behalf of a government witness resulted in little or no prejudice, given the extensive impeachment material already available to the defense. However, the denial of the petition is vacated in part where the district court applied the wrong diligence standard to deny petitioner an evidentiary hearing on his penalty phase ineffectiveness claim.
Argued and Submitted May 14, 2009
Filed September 11, 2009
Partial Concurrence and Partial Dissent by Judge Rymer
Jon G. Anderson, Phoenix, AZ