CAREY

v.

ALFORD, WARDEN

Citator

Cited By

• Harris v. Pulley, 885 F.2d 1354 (9th Cir. 1988)
  …§ 2254(d) applies, although the constitutional standard of jury impartiality is a question of law.” Lincoln v. Sunn, 807 F. 2d 805, 814-15 (9th Cir.1987) (citations omitted); Austad v. Risley, 761 F. 2d 1348, 1354 (9th Cir.) (en banc), cert. denied, 474 U.S. 856, 106 S.Ct. 163, 88 L.Ed.2d 135 (1985). C. The Standards To Determine the Effect of Prejudicial Pretrial Publicity The standards governing a change of venue ultimately derive from the due process clause of the fourteenth amendment which safeguards…
• Greenawalt v. Ricketts, 943 F.2d 1020 (9th Cir. 1991)
  …rred by failing to order, on its own motion, all exhibits relevant to pretrial publicity before ruling on Greena-walt's petition. We have already rejected this contention. In Austad v. Risley, 761 F. 2d 1348, 1354 (9th Cir.) (en banc), cert. denied, 474 U.S. 856, 106 S.Ct. 163, 88 L.Ed.2d 135 (1985), we held that a petitioner must produce these exhibits himself, unless he proves his inability to do so. Gree-nawalt has demonstrated no such inability, so his contention is foreclosed by the rule of Austad. No…
• Ruff v. Kincheloe, 843 F.2d 1240 (9th Cir. 1988)
  …ast] some of the relevant portions of the record before it,” and that the petitioner had not certified any further sections of the record for the court’s scrutiny.3 The state cites Austad v. Risley, 761 F. 2d 1348 (9th Cir.) (en banc), cert. denied, 474 U.S. 856, 106 S.Ct. 163, 88 L.Ed.2d 135 (1985), and Reiger v. Christensen, 789 F. 2d 1425 (9th Cir.1986), for the proposition that a petitioner in a habeas corpus proceeding bears some of the responsibility of bringing the relevant material before the court.…

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