United States Ninth Circuit

Even where a defense attorney's overall trial performance may have been deficient, an ineffective assistance of counsel claim was denied where evidence showed at least some effort to advocate against a strong case presented by the government, but counsel's performance during the penalty phase was deficient for: 1) failure to investigate and present mitigating evidence about appellant's background, 2) inability to respond to the prosecution's aggravating evidence, and 3) undercutting of appellant's case; death sentence vacated.

Appellate Information

• Argued 12/06/2001
• Decided 04/24/2002
• Published 04/24/2002

Judges

• Before:  PREGERSON,TASHIMA, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• John T. Swan, Deputy Attorney General, San Diego, CA, for the respondent-appellant-appellee., William H. Forman and Statia Peakheart, Deputy Federal, Public Defenders, Los Angeles, CA, for the petitioner-appellee-cross-appellant.