United States Ninth Circuit

The district court's grant of a writ of habeas corpus on grounds of ineffective assistance of counsel is affirmed, where there was a reasonable probability that the jury would have reached a different verdict had the petitioner's trial counsel conducted an adequate investigation, since: 1) the case was close, and a reasonable jury would have struggled with the question whether the theory of an alternative credible killer created a reasonable doubt as to the petitioner's guilt; and 2) the testimony of three would-be witnesses would have been helpful in corroborating the testimony of key defense witness.

Appellate Information

• Decided 05/10/2012
• Published 05/10/2012

Judges

• Graber

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Gerald A. Engler, A. J. Hutchins