United States Ninth Circuit

Denial of a federal habeas petition was improper where a reasonable probability existed that the outcome of defendant's trial would have been different, had defense counsel investigated and presented eyewitnesses whose testimony was exculpatory.

Appellate Information

• Argued 03/11/2002
• Decided 07/31/2002
• Published 07/31/2002

Judges

• Before REINHARDT, NOONAN, and FERNANDEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Quin Denver, Federal Defender and Ann C. McClintock, Assistant Federal Defender, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General for the State of California;  Robert R. Anderson, Chief Assistant Attorney General;  Jo Graves, Senior Assistant Attorney General;  John G. Mclean, Supervising Deputy Attorney General;  and Harry Joseph Colombo, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.