United States Ninth Circuit

District court's denial of defendant's request for habeas relief from his murder conviction and sentence of death is affirmed, as although the district court was incorrect in its conclusion that defendant's claim for ineffective assistance in failing to present mitigating evidence at the penalty phase was procedurally defaulted, the Washington Supreme Court's determination that defendant failed to establish deficient performance was not an unreasonable application of clearly established federal law and was not an unreasonable determination of fact.

Appellate Information

• Decided 08/28/2012
• Published 08/28/2012

Judges

• Clifton

Court

• United States Ninth Circuit

Counsel