Legal Opinion

Brothers v. McDaniel

Court of Appeals for the Ninth Circuit

Decided August 7, 2006No. 05-15260PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Nevada state prisoner Brothers appeals from the District Court’s refusal to grant him an evidentiary hearing when denying *607his habeas petition challenging his guilty plea conviction for first degree murder with use of a deadly weapon. We review a district court’s denial of a habeas petition de novo.1

Brothers concedes that his state habeas petition was procedurally defaulted. He fails to “show that some objective factor external to [his] defense” caused his procedural default.2 There is no right to counsel on state collateral review, so Brothers cannot use an ineffective assistance…

2Cases cited7 opinions

Slack v. McDanielSupreme Court of the United States · 2000
Murray v. CarrierSupreme Court of the United States · 1986
Ramon L. Smith v. State of IdahoCourt of Appeals for the Ninth Circuit · 2004
George W. Nulph v. Dave Cook, Director of the Department of Corrections Hardy Myers, Attorney General of the State of OregonCourt of Appeals for the Ninth Circuit · 2003
Tracy Petrocelli v. Ron AngeloneCourt of Appeals for the Ninth Circuit · 2001

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

Burress v. RutlandDistrict Court, D. Idaho · 2022