United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's petition is reversed where petitioner was denied constitutionally effective assistance of counsel at sentencing because counsel failed to: 1) secure the appointment of a mental health expert; 2) timely move for neurological and neuropsychological testing; and 3) present additional mitigation witnesses and evidence.

Appellate Information

• Argued 06/11/2009
• Decided 10/02/2009
• Published 10/02/2009

Judges

• THOMAS, Circuit Judge:, Before B. FLETCHER, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jon M. Sands, Federal Public Defender, Leticia Marquez, Assistant Public Defender, and Sylvia J. Lett, Assistant Public Defender, Tucson, AZ, for the petitioner-appellant.


• For Appellees:
  
• Terry Goddard, Arizona Attorney General, Kent E. Cattani, Chief Counsel, Capital Litigation Section, and Jeffrey A. Zick, Assistant Attorney General, Phoenix, AZ, for the respondents-appellees.