United States Ninth Circuit

In a murder prosecution, denial of petitioner's habeas petition is reversed where defense counsel's failure to move to suppress petitioner's confession constituted ineffective assistance because counsel's stated reasons for not filing the motion were patently erroneous, and because the detailed, taped confession petitioner gave to the police was highly damaging.

Appellate Information

• Argued 03/10/2005
• Decided 07/28/2009
• Published 07/28/2009

Judges

• Before:  STEPHEN REINHARDT, MARSHA S. BERZON, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Barbara L. Creel, Office of the Federal Public Defender, Portland, OR, for the petitioner-appellant.


• For Appellees:
  
• Hardy Myers, Attorney General for the State of Oregon, Mary H. Williams, Solicitor General (On the Briefs);  Jennifer S. Lloyd, Attorney-In-Charge, Collateral Remedies and Capital Appeals Unit, Salem, OR (Argued), for the respondent-appellee.