United States Ninth Circuit

Grant of writ of habeas corpus on the grounds of ineffective assistance of counsel is affirmed where trial counsel's actions leading to defendant's waiver of his marital privilege constituted ineffective assistance of counsel and prejudiced him.

Appellate Information

• Argued 10/05/2006
• Decided 12/12/2005
• Published 12/12/2005

Judges

• Before SCHROEDER, Chief Circuit Judge, B. FLETCHER, PREGERSON, KOZINSKI, RYMER, KLEINFELD, HAWKINS, GRABER, FISHER, PAEZ, TALLMAN, RAWLINSON, CLIFTON, BYBEE, and BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David C. Cook, Deputy Attorney General, Office of the Attorney General of the State of California, Los Angeles, CA, for the respondent-appellant., Steven S. Lubliner, Law Offices of Steven S. Lubliner, Petaluma, CA, for the petitioner-appellee.