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United States Ninth Circuit


Cummings v. Martel, 11-99011

Denial of petition for habeas corpus relief from conviction for first-degree murder and death sentence for killing a Los Angeles police officer, is affirmed over petitioner's claims of: 1) due process violations under Turner v. Louisiana, 379 U.S.466 (1965), where even under AEDPA's deferential review, the California Supreme Court erred in determining that the bailiff who told the jury that petitioner had confessed to the shootings, was not a key prosecution witness; and 2) ineffective assistance of counsel, where the California Supreme Court had a reasonable basis to conclude that petitioner was not prejudiced by his lawyers' presentation of mitigation of evidence at the penalty phase of trial.

Appellate Information

  • Decided 08/11/2015
  • Published 08/11/2015

Judges

  • McKeown

Court

  • United States Ninth Circuit

Counsel

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