Wednesday, September 26, 2007

Stenson v. Lambert, No. 05-99011 (9-24-07). The 9th (Schroeder joined by Kleinfeld and Bea) affirmed the denial of a habeas alleging such disagreement between petitioner and counsel that constitutional rights were violated. They were not, rules the 9th. Counsel focused on the sentencing/penalty phase, while the petitioner wished counsel to argue that someone else committed the murder (like petitioner's wife), although such evidence was virtually nonexistent. The 9th upheld the state supreme court's finding of no violations of constitutional rights, including the denial of self-representation. There was also no IAC in counsel's conceding guilt during the penalty phase.

US v. Dearing, No. 06-30606 (9-25-07). The 9th affirmed a conviction in a 32-count aiding and abetting health care fraud prosecution. The evidence was sufficient and there was no error in the jury instruction stating that wilfulness can be proved through reckless indifference.


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