United States Ninth Circuit

Denial of California state prisoner's petition for writ of habeas corpus relief challenging convictions of first degree murder and conspiracy to commit murder to collect life insurance proceeds, is reversed and the petition granted where: 1) to the extent that the California Supreme Court found the Strickland prejudice prong was not met because substantial evidence remained to convict petitioner under a different theory, it applied a standard contrary to clearly established law; and 2) under de novo review, petitioner was clearly prejudiced in the guilt phase by trial counsel’s deficient performance.

Appellate Information

• Published 2016/08/11

Judges

• BASTIAN

Court

• United States Ninth Circuit

Counsel