United States Ninth Circuit

Grant of habeas relief in a murder case on ineffective assistance grounds is reversed where, despite a self-proclaimed assertion by trial counsel that his performance was inadequate, a California court was not objectively unreasonable in determining that defendant's counsel made a reasonable, tactical decision to ask the questions that led to his waiver of the spousal privilege.

Appellate Information

• Argued 10/05/2006
• Decided 02/01/2007
• Published 02/01/2007

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.