United States Ninth Circuit

Denial of state prisoner’s habeas corpus petition challenging conviction for first-degree murder with enhancements for committing an offense for the benefits of a criminal street gang and personally discharging a firearm in the course of the offense, is reversed where defense counsel's failure to object to the prosecutor's falsified inflammatory and ethically charged remarks, delivered during closing argument moments before the jury was sent to deliberate the case, constituted ineffective assistance of counsel.

Appellate Information

• Decided 06/09/2015
• Published 06/09/2015

Judges

• Fisher

Court

• United States Ninth Circuit

Counsel