United States Ninth Circuit

District court's denial of defendant's request for habeas relief on his ineffective assistance of counsel claim, alleging that his counsel advised him to reject a plea offer of six years' imprisonment without informing him that he was being charged with a crime that would qualify as a "third strike" under California law, is reversed where: 1) the state court unreasonably applied federal law when it summarily rejected defendant's claim of ineffective assistance of counsel; and 2) under the circumstances of the case, an evidentiary hearing is not only permitted but required.

Appellate Information

• Decided 09/28/2012
• Published 09/28/2012

Judges

• Fletcher

Court

• United States Ninth Circuit

Counsel