United States Ninth Circuit

District court's grant of habeas relief on an ineffective assistance of counsel claim was improper, where no evidence which petitioner claims counsel should have put on contradicted any prosecution evidence.

Appellate Information

• Argued 03/11/2002
• Decided 09/11/2002
• Published 09/11/2002

Judges

• Before RYMER, KLEINFELD and McKEOWN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• David A. Lowe (briefed), Deputy Attorney General, David Andrew Eldridge (argued), Deputy Attorney General, Sacramento, CA, for the appellant.


• For Appellees:
  
• Wesley Andrew Van Winkle, Berkeley, CA, for the appellee.