United States Ninth Circuit

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Doe v. Ayers, 15-99006

The district court's judgment on state prisoner Doe's habeas corpus petition challenging his murder conviction and capital sentence is affirmed in part, reversed in part, and remanded with instructions to grant the writ with respect to the penalty phase and return the case to the state court to reduce Doe's sentence to life without parole, where: 1) Doe is not entitled to reversal of his conviction on the basis of the claims presented in the petition; 2) counsel was ineffective in failing to investigate and present mitigating evidence at the penalty phase, and evidence that counsel's performance fell below the constitutional minimum is overwhelming; and 3) the district court erred in concluding that counsel's deficient performance did not prejudice Doe.

Appellate Information

  • Decided 03/31/2015
  • Published 03/31/2015


  • Reinhardt


  • United States Ninth Circuit