Friday, February 12, 2016


Ayala v. Davis, No. 09-99005 (per curiam; panel is Reinhardt, Wardlaw, and Callahan) --- On remand from the United States Supreme Court, see Davis v. Ayala, 135 S. Ct. 2187 (2015), the Ninth Circuit held that the California state courts did not unreasonably reject a California death-row prisoner's claim of lack of consular notification under the Vienna Convention.  It was not unreasonable for the California state courts to accept the petitioner's virtual concession that the involvement of the Mexican consulate would not have affected the outcome of his case.

The decision is here:

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