United States Ninth Circuit

Denial of petition for writ of habeas corpus is reversed and the case remanded for a new penalty hearing where defendant was constitutionally entitled to the presentation of a mitigation defense, but did not have an opportunity to offer mitigating evidence. (Amended opinion on denial of rehearing en banc)

Appellate Information

• Decided 05/14/2008
• Published 05/14/2008

Judges

• Before:  MARY M. SCHROEDER, DIARMUID F. O'SCANNLAIN and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Thomas Phalen, Jon M. Sands, Dale A. Baich and Paula K. Harms, Phoenix, AZ, for the appellant.


• For Appellees:
  
• James P. Beene, Kent E. Cattani, and Terry Goddard, Phoenix, AZ, for the appellee.