United States Ninth Circuit

In a death penalty appeal, an order denying habeas corpus relief due to unconstitutional jury instructions, suppression of evidence and ineffective assistance of counsel is affirmed where: 1) the "lying in wait" jury instruction satisfied the Eighth Amendment by sufficiently narrowing the class of defendants eligible for the death penalty; 2) the evidence allegedly suppressed was detrimental to defendant; and 3) defense counsel relied upon qualified experts and declined to present evidence likely unfavorable to defendant.

Appellate Information

• Decided 09/09/2008
• Published 09/09/2008

Judges

• SCHROEDER, Circuit Judge:, Before:  MARY M. SCHROEDER, BARRY G. SILVERMAN, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Joseph Schlesinger, Sacramento, CA, for the petitioner-appellant.


• For Appellees:
  
• Garrett Beaumont, San Diego, CA, for the respondent-appellee.