United States Ninth Circuit

The district court's denial of a habeas corpus petition challenging petitioner's capital murder conviction and death sentence is: 1) affirmed in part, where the state court reasonably denied petitioner's claims that sentencing counsel failed to explain how petitioner's mental illness and deficiencies affected his conduct at the time of the crime, depriving him of effective assistance of counsel, and reasonably denied petitioner's claim that appellate counsel was ineffective by not challenging the trial court’s failure to weigh mitigating evidence cumulatively; but 2) reversed in part and remanded, where the state court came to an unreasonable determination of the facts in denying petitioner's claim that the trial judge's failure to recuse herself denied petitioner due process of law. Additionally, petitioner's motion to remand is granted in part, with regard to appellate counsel's failure to challenge the trial court's denial of neurological testing, but otherwise denied.

Appellate Information

• Decided 05/16/2014
• Published 05/16/2014

Judges

• NELSON

Court

• United States Ninth Circuit

Counsel