Dispennett v. Cook
| Jeff Premo |
| Ralph Dispennett |
| David Cook |
| Marion County Department of Health |
| 3:1998cv01252 |
| April 8, 2013 |
| US District Court for the District of Oregon |
| Portland (3) Office |
| Robert E. Jones |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
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Filing
319
OPINION AND ORDER. Petitioner (1) has not excused his procedural default as to his Sixth Amendment claims and his Fourteenth Amendment Claim for direct access to Murray's mental health records and (2) is not entitled to an in camera revie w of Murray's mental health records. Judge Stewart and I undertook a thorough review of the mental health records finding nothing that would help petitioner's cause. There is no dispute that the records contained evidence of the extent to which Murray suffers from a mental impairment, the records contained no evidence that Murray was not competent to testify as a witness. Petitioner has presented no evidence tending to show recantation or accusation and identification of a perpetrator other than the justly convicted petitioner. Petitioner's writ is denied. IT IS SO ORDERED. Signed on 4/8/2013 by Judge Robert E. Jones. (gw)
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