United States Ninth Circuit

In a capital habeas matter, the denial of the petition is reversed in part and remanded for a new sentencing proceeding where: 1) the state courts arbitrarily found that petitioner committed the murder at issue in an especially cruel, heinous, or depraved manner in violation of the Eighth Amendment; and 2) petitioner received ineffective assistance of counsel at sentencing in violation of the Sixth Amendment.

Appellate Information

• Argued 12/06/2007
• Decided 02/22/2010
• Published 02/22/2010

Judges

• Before BETTY B. FLETCHER, MARSHA S. BERZON, and JOHNNIE B. RAWLINSON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Patrick E. McGillicuddy, Phoenix, AZ, for the petitioner-appellant.


• For Appellees:
  
• Terry Goddard, Attorney General, Kent Cattani, Chief Counsel, Capital Litigation Section, J.D. Nielsen, Assistant Attorney General, and Jeffrey A. Zick (argued), Assistant Attorney General, Capital Litigation Section, Phoenix, AZ, for the respondent-appellee.