Wednesday, May 27, 2020

Smith v. Baker, No. 14-99003 (5-21-20)(Christen w/Murguia; N. Smith concurring).  This is an affirmance of a capital petition dismissal. The 9th finds ineffective mitigation and an error in a jury instruction, but concludes that both were harmless. Concurring, Smith would find no sentencing IAC.

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2020/05/21/14-99003.pdf

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