United States Ninth Circuit

In a capital habeas matter, the denial of petitioner's habeas petition is affirmed in part where the trial court was not required to appoint a mental health expert at sentencing because the defendant did not make any showing that his mental state at the time of the murder was at issue by virtue of drug use. However, the order is reversed in part where: 1) the Arizona courts had discretion as to the weight to be given petitioner's drug addiction, but erred by refusing to consider it at all unless he proved it was a factor in the crime; and 2) the trial court needed to conduct an in-court evidentiary hearing on petitioner’s Brady claim challenging the conviction.

Appellate Information

• Decided 10/26/2010
• Published 10/26/2010

Judges

• Mary M. Schroeder

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Julie Hall, Jeffrey A. Zick