District Judge Loretta A. Preska

 

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Convicted of first-degree murder, Dawkins was sentenced to life in prison without parole. He asserted six claims in his habeas corpus petition including that the court’s jury instructions about witness credibility and prior consistent statements were improper; that the prosecutor engaged in misconduct during his summation; and that the government violated Brady byfailing to disclose that Miller, the sole witness to the murder, was induced to cooperate with the government by threats she would be charged as an accomplice. Despite finding the summation and jury charge claims in procedural default, a magistrate judge denied Dawkins’ claims. District court adopted the magistrate’s report and denied Dawkins habeas relief. The report accurately noted Miller was a witness, not an informant, did not recant her testimony, and maintained Dawkins was the shooter. Nothing in Miller’s affidavit suggested any reason to falsely identify Dawkins as the shooter. Nor was there evidence Miller received an offer of favorable treatment in exchange for her testimony. Also, the jury charge confirmed that the trial court gave a balanced instruction as to the assessment of witness testimony, and trial counsel was not shown to have been ineffective.

District Judge Loretta A. Preska

 

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Convicted of first-degree murder, Dawkins was sentenced to life in prison without parole. He asserted six claims in his habeas corpus petition including that the court’s jury instructions about witness credibility and prior consistent statements were improper; that the prosecutor engaged in misconduct during his summation; and that the government violated Brady byfailing to disclose that Miller, the sole witness to the murder, was induced to cooperate with the government by threats she would be charged as an accomplice. Despite finding the summation and jury charge claims in procedural default, a magistrate judge denied Dawkins’ claims. District court adopted the magistrate’s report and denied Dawkins habeas relief. The report accurately noted Miller was a witness, not an informant, did not recant her testimony, and maintained Dawkins was the shooter. Nothing in Miller’s affidavit suggested any reason to falsely identify Dawkins as the shooter. Nor was there evidence Miller received an offer of favorable treatment in exchange for her testimony. Also, the jury charge confirmed that the trial court gave a balanced instruction as to the assessment of witness testimony, and trial counsel was not shown to have been ineffective.