Bible v. Ryan, No. 07-99017 (7-1-09). The 9th (Gould joined by Clifton and Bybee) affirm the district court's denial of relief in this capital habeas. The 9th finds no IAC at the sentencing stage. The 9th stresses the nature of the crime (a child murder in a "heinious" fashion), and the speculative nature of the mitigation. The state supreme court had found one factor (the prior conviction) to have been error (it was not violent), but in the re-weighing, had decided that the aggravators had made any error harmless. Under the deferential AEDPA standard, the 9th defers and affirms.
Thursday, July 02, 2009
Case Summaries and Commentary by Federal Defenders of the Ninth Circuit
Contributors
Click here for Supreme Court & Other Circuit Blogs
Click here for Steve Sady's Blog Summary
Previous Posts
- U.S. v. Garcia-Hernandez, No. 08-50190 (6-25-09). ...
- Case o' The Week: Tran's-mission Not Clear, Says N...
- U.S. vs. Tran, No. 07-30270 (6-24-09). Conspiracy...
- U.S. vs. Lopez-Velasquez, No. 07-30241 (6-23-09). ...
- Holley v. Yarborough, No. 08-15104 (6-16-09). The...
- Case o' The Week: Lacivious Is as Lacivious Does, ...
- Nijhawan: Sixth Amendment Non-Event Based On Gover...
- Case o' The Week: Fond Adieu, Rule 32 -- Cruz-Pere...
- U.S. v. Cruz-Perez, No. 06-30343 (6-10-09). The c...
- Case o' The Week: Prior Too Old is Sentencing Gold...
Free Publications
D-Web Law BlogsDefense Newsletter
U.S. Supreme Court Case Summaries
1 Comments:
In this particular case everyone from the judge to the 9th circuit is mitigation impaired.
Post a Comment
<< Home