Graham S Henry v. Charles Ryan

OPINION

FISHER, Circuit Judge:

Graham Saunders Henry was convicted by a jury of first-degree murder, kidnapping, robbery and theft. The Arizona trial court imposed a sentence of death in 1988 and on resentencing in 1995. After pursuing a direct appeal and state postconviction relief (PCR), Henry filed a habeas petition in federal district court. The district court denied the petition, and Henry appeals.

Henry raises four claims on appeal: (1) that the state’s use of perjured testimony and its suppression of material evidence violated his constitutional rights under Brady v. Maryland, 373 U.S.…