United States Ninth Circuit

Denial of a writ of habeas corpus in a pre-AEDPA capital murder case is reversed pursuant to an ineffective assistance claim where the record was clear that trial counsel requested critical jury instructions that were correct under federal law but clearly in error under Idaho law, and the error was not harmless.

Appellate Information

• Argued 11/15/2005
• Decided 11/07/2006
• Published 11/07/2006

Judges

• BYBEE, Circuit Judge:, Before: REINHARDT, W. FLETCHER, and BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Andrew Parnes, Ketchum, ID, Charles F. Peterson, Boise, ID, for the appellant.


• For Appellees:
  
• LaMont Anderson, Deputy Attorney General, Boise, ID, for the appellee.