Kayer v. Ryan, No. 09-99027
(5-13-19)(Fletcher w/Friedland; partial dissent by Owens). Note: This is an Az
FPD-CHU case. The 9th granted sentencing relief for IAC in
this capital habeas. The 9th found error in the Az Supreme
Court’s requirement of a nexus between mitigation and the offense, but deemed
it harmless. Relief was given on the mitigation representation as
investigation. The investigation did not begin soon enough; no
relationship was established with the client; and the extent of the mental
impairment mitigation was not developed.
The decision is here:
Owens,
dissenting, believes that AEDPA deference is warranted.
Congrats
to AFPDs Jennifer Garcia and Emma Smith, Az FPD (CHU).
The decision is here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2019/05/13/09-99027.pdf
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