United States Ninth Circuit

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Mahrt v. Beard, 15-16404

Grant of a California state prisoner's petition for writ of habeas corpus relief is reversed where, although petitioner's ineffective assistance of counsel claim is not barred by Tollett v. Henderson, 411 U.S. 258 (1973), and counsel should have moved to suppress the firearm and ammunition found in the petitioner's home, the state habeas courts were not unreasonable in denying the writ because it would have been reasonable for the state courts to conclude that a motion to suppress, if brought, would likely have been denied.

Appellate Information

  • Decided
  • Published 2017/03/01




  • United States Ninth Circuit