United States Ninth Circuit

In a murder and attempted murder prosecution, a denial of petitioner's habeas petition is affirmed in part where the district court correctly denied petitioner's claim based on his trial counsel's failure to call an expert witness on eyewitness identifications. However, the order is reversed in part where the record was not sufficiently developed to determine whether petitioner was entitled to relief based on his attorney's allegedly inadequate investigation of the victim.

Appellate Information

• Argued 04/05/2010
• Decided 06/15/2010
• Published 06/15/2010

Judges

• Before ALEX KOZINSKI, Chief Judge, DOROTHY W. NELSON, Circuit Judge, and NANCY GERTNER, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Richard D. Rome, Van Nuys, CA, for the petitioner-appellant.


• For Appellees:
  
• Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Xiomara Costello, Supervising Deputy Attorney General, Viet H. Nguyen, Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.