Menedez v. Terhune

No. 03-55863 (9-7-05). In an unsurprising decision, the 9th affirms the denial of the Mendendez brothers’ petition challenging their convictions. The 9th found no error in the preclusion of their imperfect self-defense instruction nor in their Ake claim. The brothers used a psychiatrist for therapy and not for forensic/defense purposes. The use of the tapes by the state was upheld.