United States Ninth Circuit

The district court's denial of defendant's habeas corpus petition challenging his conviction and capital sentence for murder is: 1) reversed in part, where the district court erred in denying defendant's claim of error under Ring v. Arizona, which requires a jury determination of the presence or absence of aggravating factors supporting the death penalty, and the Ring error had a substantial and injurious effect or influence on the trial court's failure to find the mitigating factor regarding defendant's capacity to appreciate the wrongfulness of his conduct or conform it to the requirements of law, and thus on the trial court’s imposition of a death sentence; and 2) otherwise affirmed.

Appellate Information

• Decided 07/26/2013
• Published 07/26/2013

Judges

• NELSON

Court

• United States Ninth Circuit

Counsel