Washington v. Ryan, No. 05-99009 (4-17-19)(Gould w/N. Smith; Callahan dissenting). The 9th grants sentencing relief in this pre-AEDPA capital habeas. The majority holds that counsel was ineffective in its investigation of mitigation and representation. In a pre-AEDPA review, evidence existed for childhood abuse, diffuse brain damage, and substance abuse.

Callahan, dissenting, argues that the majority does not follow the Strickland deferential standard, but engages in second-guessing and in cherry picking facts.

The decision is here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2019/04/17/05-99009.pdf