Thursday, July 22, 2021

Noguera v. Davis, No. 17-99010 (7-20-21)(Bade w/Graber;  incurrence and dissent by Thomas). The 9th affirmed relief on a capital sentencing IAC. Counsel failed to develop mitigation. The majority reversed relief on the guilt/innocence phase, finding no conflict with counsel having represented other witnesses. Thomas dissented on this claim.

Congrats to Emily Groendyke and Celeste Bacchi, Deputy Federal Defenders, Cal Central (L.A.).

The decision is here:

https://cdn.ca9.uscourts.gov/datastore/opinions/2021/07/20/17-99010.pdf

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