State Habeas Petitioner's Claims Rejected

Sandoval v. Ulibarri, -- F. 3d --, 2008 WL 4966218 (10th Cir. 11/24/08) - a rejection of various § 2254 claims re: NM convictions of aggravated battery and shooting at a vehicle. Mr. Sandoval did not establish that he was prejudiced by counsel's failure to follow rules re: pretrial disclosure of dr. expert's PTSD testimony, which resulted in state court's limitation of that testimony to PTSD generally and exclusion of testimony about how PTSD contributed to Sandoval's offense behavior. Sandoval's trial testimony was not entirely consistent with the PTSD theory.

Confrontation claim re: admission of victim's preliminary hearing testimony was waived in state court by defense admission that state made reasonable effort to locate witness it said was unavailable at trial. Even if Sandoval's counsel performed unreasonably at the preliminary hearing by failing to thoroughly cross-examine victim, it did not prejudice Sandoval at trial. It was not IAC to stipulate to state's reasonable attempt to subpoena the victim to testify at trial because state's efforts met reasonableness standard. No Brady violation was shown because petitioner failed to establish that evidence contained in undisclosed medical report of victim would have been material or exculpatory. And no evidentiary hearing was called for as proffered evidence would not have established entitlement to habeas relief.