Legal Opinion

Kills On Top v. Mahoney

Court of Appeals for the Ninth Circuit

Decided June 20, 2007No. 05-35433Published

1Opinion of the Court

MEMORANDUM **

Petitioner Vern Kills On Top appeals the denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254. The district court granted a certifícate of appealability for two claims: (1) a claim it held was procedurally defaulted and (2) a cumulative error claim it denied on the merits. We reverse the procedural default holding. We affirm the denial of the cumulative error claim. And we deny Petitioner’s request for a certificate of appealability for a third claim.

Because the facts are known to the parties, we revisit them only as necessary. See also Kills On Top v. State,…

2Cases cited18 opinions

  1. Brady v. MarylandSupreme Court of the United States · 1963
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Brecht v. AbrahamsonSupreme Court of the United States · 1993
  4. Ylst v. NunnemakerSupreme Court of the United States · 1991
  5. Estelle v. WilliamsSupreme Court of the United States · 1976

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