United States Ninth Circuit

Trial counsel's election in closing argument, to ignore evidence in the record that would help his client, and to highlight detrimental record and non-record evidence, cannot be deemed non-prejudicial "trial strategy," and constituted ineffective assistance. (Amended opinion)

Appellate Information

• Argued 07/09/2002
• Decided 08/08/2002
• Published 01/28/2003

Judges

• Before: HUG, FARRIS and SILVERMAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• James H. Locklin, Deputy Federal Public Defender (argued), Los Angeles, CA, for the petitioner-appellant.


• For Appellees:
  
• Shawn McGahey Webb (argued and on the brief), Deputy Attorney General of the State of California, for the respondents-appellees.