United States Ninth Circuit

A habeas corpus petition challenging petitioner's conviction and capital sentence for felony murder and conspiracy to commit armed robbery is: 1) affirmed in part, where the Arizona Supreme Court did not unreasonably conclude that petitioner was eligible for the death sentence because he was a major participant in the victims' robbery/murder and acted with reckless indifference to human life, and the state court’s decision was not based on an unreasonable determination of fact; but 2) vacated in part, where although petitioner's claim of ineffective assistance of counsel was procedurally defaulted, the matte should be remanded to allow the district court to evaluate whether petitioner can show cause and prejudice.

Appellate Information

• Decided 01/23/2014
• Published 01/23/2014

Judges

• SMITH

Court

• United States Ninth Circuit

Counsel