United States Ninth Circuit

Denial of habeas relief for petitioner convicted of first-degree murder and sentenced to death is affirmed over claims that: 1) his decision to waive counsel was involuntary because his original appointed trial counsel was ineffective; 2) his co-defendant's plea agreement violated his right to a fair trial; 3) the prosecutor improperly commented on his failure to testify and his post-Miranda silence; 4) the trial court erred by failing to instruct the jury on second-degree murder; 5) the ineffectiveness of his appellate counsel excused his procedural default of some claims; and 6) the sentencing court failed to consider evidence of intoxication and his prior mental health history as mitigating factors before imposing the death penalty. (Amended opinion)

Appellate Information

• Argued 12/05/2007
• Decided 08/14/2008
• Published 08/14/2008

Judges

• CALLAHAN, Circuit Judge:, Before: DIARMUID F. O'SCANNLAIN, SUSAN P. GRABER, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael J. Meehan, Munger Chadwick, P.L.C., Tucson, AZ, for the petitioner-appellant.


• For Appellees:
  
• Kent E. Cattani, Chief Counsel, Capital Litigation Section, Office of the Attorney General, Phoenix, AZ, for the respondent-appellee.