United States Ninth Circuit

In this case, defendant was convicted and sentenced to death in Arizona state court for two murders. Denial of defendant's habeas corpus petition brought on grounds of ineffective assistance of counsel is affirmed in part and reversed in part, and the writ is conditionally granted on the state conducting a new sentencing, where: 1) defendant is not entitled to relief on his guilt phase ineffective assistance of counsel claim, as counsel's decision not to call defendant as a witness was strategic and fell within the range of reasonable professional assistance under Strickland v. Washington; 2) the post-conviction court wrongly held defendant to the more-likely-than-not standard when it denied him a new hearing based on his claim that counsel was constitutionally ineffective for failing to investigate and present reasonably available mitigating evidence at sentencing; 3) counsel's performance at sentencing fell below an objective standard of reasonableness; and 4) had counsel performed adequately, there is a reasonable probability that the sentencers would not have imposed a death sentence.

Appellate Information

• Decided 12/29/2014
• Published 12/29/2014

Judges

• Thomas

Court

• United States Ninth Circuit

Counsel