United States Ninth Circuit

Habeas corpus petition challenging a conviction of committing lewd and lascivious acts and attempting to dissuade the victim from reporting those acts was properly granted by the district court following denial by the California Supreme Court, where: 1) review is limited to the record before the California Supreme Court; and 2) based on the record before the California Supreme Court, that court unreasonably rejected petitioner's ineffective assistance claim because counsel’s failure to interview potential witness identified to him by petitioner, who offered to testify as to victim's inconsistent statement, and to call her as a witness was deficient, and that evidence had a reasonable probability of affecting the outcome of the trial.

Appellate Information

• Decided 02/07/2013
• Published 02/07/2013

Judges

• GRABER

Court

• United States Ninth Circuit

Counsel