Ayala v. Chappell, No. 13-99005 (7-2-16)(Christen with
Kozinski and Bybee). The 9th affirms the denial of a capital habeas
petition. The main IAC focus was on the
decision not to abandon a trial strategy (no gang involvement) in light of
changing testimony (recanting of an exoneration). The 9th held that it was not IAC to stick
with the trial strategy, and that a pivot away from no gang involvement in a
triple homicide in the course of trial could be considered a strategic and
tactical decision that was reasonable. The 9th also found the state courts'
rejection of witness intimidation claims and Brady disclosure to be reasonable.
The decision is
here:
https://cdn.ca9.uscourts.gov/datastore/opinions/2016/07/20/13-99005.pdf
0 Comments:
Post a Comment
<< Home