William Smith v. Secretary of New Mexico Department of Corrections Derald Kerby, Warden, Central New Mexico Correctional Facility

BRORBY, Circuit Judge.

Petitioner-appellant William J. Smith appeals the district court’s order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254. Mr. Smith’s primary basis for requesting relief from his two 1978 first degree murder convictions in New Mexico state court, and his corresponding consecutive life sentences, is the prosecution improperly withheld material exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), and its progeny. Our jurisdiction 1 arises under 28 U.S.C. § 1291.

I. BACKGROUND

A. Preliminary Facts 2

D…