United States Ninth Circuit

Denial of a habeas corpus petition in a death penalty case is reversed with respect to the penalty phase of trail where trial counsel provided ineffective assistance in failing to investigate and present important mitigation evidence at the penalty phase of a trial, and in failing to review juvenile court records and to challenge a key mitigation witness's assertion of his privilege against self-incrimination at the penalty trial, and the errors were prejudicial.

Appellate Information

• Argued 06/02/2006
• Decided 09/14/2006
• Published 09/14/2006

Judges

• PAEZ, Circuit Judge., Before BETTY B. FLETCHER, BARRY G. SILVERMAN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gwen Freeman, Knapp, Petersen & Clarke, Glendale, CA, Edward A. Rucker, Santa Monica, CA, for the petitioner-appellant.


• For Appellees:
  
• Steven D. Matthews, Supervising Deputy Attorney General, Sacramento, CA, for the respondent-appellee.