United States Ninth Circuit

Because death row habeas petitioner's counsel was constitutionally ineffective, in failing to investigate and present significant mitigating evidence of petitioner's social history and mental health during the penalty phase, relief granted as to penalty.

Appellate Information

• Decided 01/24/2003
• Published 01/24/2003

Judges

• Before SCHROEDER, Chief Judge, HAWKINS, and W. FLETCHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Mark A. Borenstein, Overland & Borenstein, LLP, Los Angeles, California, for the petitioner-appellant.


• For Appellees:
  
• Pat Zaharopoulos, Office of the Attorney General for the State of California, San Diego, California, for the respondent-appellee.