MOSES v. PAYNE

No. 07-35468.

543 F.3d 1090 (2008)

Jeffrey Duane MOSES, Petitioner-Appellant, v. Alice PAYNE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2008.


Attorney(s) appearing for the Case

John Henry Browne, Seattle, WA, for the petitioner-appellant.

Alex A. Kostin, Assistant Attorney General, Olympia, WA, for the respondent-appellee.

Opinion by Judge IKUTA; Dissent by Judge GOULD.


IKUTA, Circuit Judge:

A Washington state jury convicted Jeffrey Moses of second degree murder for the shooting death of his wife, Jennifer Moses. In this appeal, we consider whether the district court erred in denying Jeffrey Moses's petition for a writ of habeas corpus. Moses contends that his federal constitutional rights were violated by several evidentiary decisions made by the trial court, including the decision to preclude one of Moses's experts from testifying...

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