United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's petition is affirmed as to the guilt phase of petitioner's trial where: 1) the Antiterrorism and Effective Death Penalty Act (AEDPA) applied to the petition because the district court had dismissed petitioner's pre-AEDPA petition and 2) an alleged secret deal between the prosecution and a witness was not material; but reversed as to the penalty phase where counsel failed to call a sufficient number of mitigating witnesses and to pursue evidence of another perpetrator's primary responsibility for the crime.

Appellate Information

• Argued 06/03/2009
• Decided 10/02/2009
• Published 10/02/2009

Judges

• William A. FLETCHER, Circuit Judge:, Before W. FLETCHER, RICHARD R. CLIFTON and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jose A. Cardenas, Lewis & Roca, Phoenix, AZ, Denise Irene Young, Tucson, AZ, for the petitioner-appellant.


• For Appellees:
  
• Robert J. Gorman, Jr., Kent E. Cattani, Office of the Arizona Attorney General, Tucson, AZ, for the respondent-appellee.