Liao v. Junious, No. 14-55897
(1-29-16)(Trott with Pregerson and Stafford, D.J.).
The 9th reversed
denial of petitioner's IAC claim. The
petitioner had alleged his counsel was ineffective because counsel failed to
get a sleep study conducted that would have bolstered pensioner's
"sleepwalking" defense. The
9th agreed, because a sleep study would have supported the defense, added
credence, and lent credibility to the expert.
Moreover, the state court had granted a motion for such a study BUT the
court clerk had told counsel it was denied.
The 9th found this was prejudicial.
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/01/29/14-55897.pdf
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