United States Ninth Circuit

In a pre-AEDPA habeas appeal, denial of habeas relief in a capital murder case is reversed where: 1) the district court erroneously applied a nexus requirement between mitigating evidence and the crime; 2) defense counsel's performance at sentencing, with regard to his investigation and presentation of mitigating evidence, was deficient; and 3) petitioner established prejudice with regard to the ineffective assistance.

Appellate Information

• Argued 04/03/2007
• Decided 05/11/2007
• Published 05/11/2007

Judges

• PER CURIAM., Before: WARREN J. FERGUSON, STEPHEN REINHARDT, and DAVID R. THOMPSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jon M. Sands, Federal Public Defender, Dale A. Baich and Jennifer Y. Garcia, Assistant Federal Public Defenders, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• Terry Goddard, Attorney General of the State of Arizona, Kent E. Cattani, Chief Counsel, Capital Litigation Section, and Patricia A. Nigro, Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.