United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is reversed where: 1) defense counsel devoted unreasonably little time to penalty phase preparations, failed to seek reasonably available mitigating evidence, and unreasonably failed to enlist the assistance of a mental health expert; and 2) there was a reasonable probability that the sentencing judge would have imposed a sentence less than death had petitioner's counsel obtained and presented an expert evaluation of petitioner's neuropsychological functioning.

Appellate Information

• Decided 08/20/2010
• Published 08/20/2010

Judges

• Richard A. Paez

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jennifer S. Bedier, Terry Goddard