United States Ninth Circuit

The district court's denial of a habeas corpus petition challenging petitioner's conviction for first degree murder and capital sentence is: 1) affirmed in part, where the record reflected that the state court did give weight to mitigating evidence of petitioner’s mental condition at sentencing; 2) vacated in part and remanded, regarding the denial of relief as to petitioner's procedurally defaulted claim that counsel was ineffective for failing to object to the sentencing court’s consideration of a confession that petitioner had given to the police in 1982; but 3) affirmed in part regarding the denial of relief as to petitioner's claim that counsel was ineffective by filing to obtain additional mitigating evidence.

Appellate Information

• Decided 03/05/2014
• Published 03/05/2014

Judges

• CLIFTON

Court

• United States Ninth Circuit

Counsel