The following excerpt is from West v. Ryan, No. 11-71987 (9th Cir. 2011):
West's primary argument regarding diligence is that we have already found he was diligent, citing West v. Ryan, 608 F.3d at 484-85. West misreads our prior opinion. We held that West's prior counsel had been diligent in seeking an evidentiary hearing regarding her need for funding for a mental health expert and investigator. We did not hold that West had been diligent in disclosing information about his childhood; he clearly was not. If we were to rule that West had been diligent in pursuing and developing evidence of sexual abuse and abuse by family members by failing to disclose the informa-
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