United States Ninth Circuit

In a capital habeas matter, the denial of Petitioner's petition is reversed, where the District Court erred by failing to conduct an evidentiary hearing on Petitioner's ineffective assistance claim, because Petitioner properly exhausted his state remedies on that issue.

Appellate Information

• Decided 06/02/2009
• Published 06/02/2009

Judges

• PER CURIAM:, Before:  ALEX KOZINSKI, Chief Judge, JEROME FARRIS and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jon M. Sands, Michael L. Burke, Jennifer Y. Garcia, Federal Public Defender's Office, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• Terry Goddard, Kent Cattani, J.D. Nielsen, Office of the Attorney General of Arizona, Capital Litigation Section, Phoenix, AZ, for the respondents-appellees.