United States Ninth Circuit

In a death penalty case, denial of habeas relief is reversed where: 1) petitioner received inadequate representation by his counsel at the penalty phase of his trial, particularly with regard to counsel's investigation and presentation of mitigating evidence; and 2) contrary to the district court's ruling below, the deficient representation was prejudicial.

Appellate Information

• Argued 05/15/2007
• Decided 06/13/2008
• Published 06/13/2008

Judges

• Before:  STEPHEN REINHARDT, DIARMUID F. O'SCANNLAIN, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric Multhaup, Mill Valley, CA, and Christopher H. Wing, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Eric L. Christoffersen, Deputy Attorney General, and Mark A. Johnson, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.