United States Tenth Circuit

Under the Antiterrorism and Effective Death Penalty Act of 1996, defense counsel's failure to make opening and closing arguments or present a defense at the close of the prosecution's case was unreasonable even if victim recanted her testimony.

Appellate Information

• Decided 05/04/2001
• Published 05/04/2001

Judges

• KANE, District Judge., Before SEYMOUR and MURPHY, Circuit Judges, and KANE, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Benjamin Gonzales, Assistant Federal Public Defender (Stephen P. McCue, Federal Public Defender with him on the brief), Albuquerque, New Mexico, for Petitioner-Appellant.


• For Appellees:
  
• Margaret McLean, Assistant Attorney General (Patricia A. Madrid, Attorney General with her on the brief), Santa Fe, New Mexico, for Respondent-Appellee.