United States Ninth Circuit

Court conditionally granted defendant's habeas petition because he was not given an individualized death sentence as required by the Eighth Amendment due to the district court's failure to properly weight mitigating and aggravating factors.

Appellate Information

• Argued 02/12/2004
• Decided 07/08/2004
• Published 07/08/2004

Judges

• FISHER, Circuit Judge:, Before: D.W. NELSON, KLEINFELD and FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Nina Rivkind, Berkeley, CA, and Eric E. Jorstad, Faegre & Benson, LLP, Minneapolis, MN, for the Petitioner-Appellant.


• For Appellees:
  
• Jane N. Kirkland, Deputy Attorney General, Sacramento, CA, for the Respondent-Appellee.