Ricky Earp v. Ron Davis, 881 F.3d 1135

Ricky Earp was convicted (1992) of first-degree murder and rape of an 18-month-old and sentenced to death; Dennis Morgan testified he was not at the scene.
After trial, jailhouse witness Michael Taylor declared Morgan admitted being at the scene but later recanted; defense alleged prosecutorial intimidation caused the recantation.
State courts denied a new trial; Earp pursued multiple state and federal habeas petitions; Ninth Circuit previously remanded for evidentiary hearings on prosecutorial misconduct and related claims (Earp I, Earp II).
In 2012 DNA testing was sought; some physical evidence (napkin/pillow swatches) was later found missing after an earlier transfer to the California DOJ lab, raising an adverse-inference/spoliation issue.
The district court (2014) held an evidentiary hearing, assumed an adverse inference for credibility purposes, but credited prosecutors’ witnesses (Foltz, Milkey), discredited Taylor and victim’s mother (Doshier), and denied further discovery and habeas relief.
Ninth Circuit affirms: district court did not abuse discretion in denying additional discovery and did not clearly err in credibility findings; Earp failed to prove prosecutorial misconduct or prejudice by a preponderance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether district court abused discretion by denying further discovery into alleged spoliation (missing DNA evidence)	Earp: further discovery could link prosecutors to disappearance, show bias/scheme, and bolster intimidation claim	State: district court already assumed adverse inference for credibility; further discovery is speculative and unnecessary	Denied: court did not abuse discretion; discovery would be a fishing expedition and any link was too attenuated
Whether district court clearly erred in credibility findings and in failing to give dispositive weight to adverse inference	Earp: adverse inference and witness testimony (Taylor, Doshier) required greater weight against prosecutors; district court misweighed evidence	State: district court heard live testimony, considered tapes, prior convictions, inconsistencies; credibility findings supported	Affirmed: clear-error review applied; credibility determinations were supported and not clearly erroneous; Earp failed to prove intimidation or prejudice

Earp v. Ornoski, 431 F.3d 1158 (9th Cir. 2005) (remanding for evidentiary development on credibility of recantation)
Earp v. Cullen, 623 F.3d 1065 (9th Cir. 2010) (further proceedings on witness issues; limits on invocation of Fifth Amendment)
Bracy v. Gramley, 520 U.S. 899 (1997) (discovery in habeas matters is not routine; petitioner must show need)
Williams v. Taylor, 529 U.S. 420 (2000) (standards for entitlement to evidentiary hearing in federal habeas)
Jones v. Wood, 114 F.3d 1002 (9th Cir. 1997) (denial of discovery is abuse of discretion only if discovery is indispensable)
Juan H. v. Allen, 408 F.3d 1262 (9th Cir. 2005) (adverse-inference must be a reasonable inference, not mere speculation)
Anderson v. City of Bessemer City, N.C., 470 U.S. 564 (1985) (deference to trial court credibility findings)
Towery v. Schriro, 641 F.3d 300 (9th Cir. 2010) (habeas relief for prosecutorial misconduct requires showing prejudice)