United States Ninth Circuit

Death row inmate has raised a colorable claim of ineffective assistance of counsel during the penalty phase of the trial; counsel failed to investigate and present social background and mental health evidence that may have affected the jury's assessment of defendant's moral culpability. Remanded for an evidentiary hearing.

Appellate Information

• Argued 12/05/2003
• Decided 04/08/2004
• Published 04/08/2004

Judges

• FISHER, Circuit Judge., Before: O'SCANNLAIN, FISHER and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nicholas C. Arguimbau, Fairfax, CA, and Katherine L. Hart, Fresno, CA, for the petitioner-appellant.


• For Appellees:
  
• John G. McLean, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.