United States Ninth Circuit

The failure to investigate and present as mitigating evidence the defendant's mental health, family history, and chemical dependency, was not unreasonable and did not rise to the level of ineffective assistance of counsel.

Appellate Information

• Argued Array
• Decided 08/26/2002
• Published 08/26/2002

Judges

• Before: SCHROEDER, Chief Judge, and KLEINFELD, THOMAS, GRABER, WARDLAW, W. FLETCHER, FISHER, GOULD, PAEZ, TALLMAN, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Senior, McBreen & Senior, Los Angeles, CA, argued the cause for the petitioner-appellant;  Kathleen T. Saenz, McBreen & Senior, Los Angeles, CA, was on the briefs.


• For Appellees:
  
• Mathew Chan, Deputy Attorney General, Sacramento, CA, argued the cause for the respondent-appellee;  Bill Lockyer, Attorney General, Robert Anderson, Chief Assistant Attorney General, Jo Graves, Senior Assistant Attorney General, Arnold O. Overoye, Senior Assistant Attorney General, Ward A. Campbell, Supervising Deputy Attorney General, and Carlos A. Martinez, Supervising Deputy Attorney General, were on the brief.