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