United States Ninth Circuit

Grant of petition for writ of habeas corpus relief from state conviction and sentence for attempted sexual assault is: 1) affirmed where the Hawaii Intermediate Court of Appeals' (ICA) rejection of petitioner's claim under Brooks v. Tennessee, 406 U.S. 605 (1972), that he was forced to testify in violation of his rights to remain silent and to due process, was not objectively unreasonable; 2) affirmed where trial court's creation of a post-conviction record on petitioner's ineffective-assistance-of-appellate-counsel (IAAC) claims, and the Hawaii ICA's reliance on the post-conviction record, were not objectively unreasonable under 28 U.S.C. sections 2254(d)(1) and 2254(d)(2); and 3) reversed in part where Hawaii waived its challenge to petitioner's Apprendi claim and the district court's grant of relief on the IAAC claim.

Appellate Information

• Published 2016/06/17

Judges

• O'SCANNLAIN

Court

• United States Ninth Circuit

Counsel