Correll v. Ryan, No. 03-99006 (10-2-06). The 9th Cir (Thomas joined by Schroeder) held that there was IAC in the capital sentencing. Defense counsel conducted scant investigation into mitigation, even though he knew there was evidence of classic mitigation to be found. In addition, what investigation he did conduct was cursory and shallow. The district court found IAC, but held that it was harmless The 9th disagreed, especially because under the Arizona system, aggravators without mitigators (the so-called balancing system) meant that death had to be imposed. There was plenty of "Wiggins" room to mount mitigation. The opinion was written by Thomas, Schroeder joined, and O'Scannlain dissented.

Congrats to AFPD Dale Baich and Paula Harms of the Capital Habeas Unity of the D. Az FPD for the win.