Friday, September 18, 2009

Hamilton v. Ayers, No. 06-9908 (9-18-09). The 9th grants sentencing relief in this pre-AEDPA petition. The petitioner killed his wife for the insurance money. His trial lawyer had little experience (none capital) and mitigation and sentencing preparation appeared to be an afterthought. The 9th (Wardlaw joined by W. Fletcher and Paez) found IAC in the penalty phase, stressing the lack of investigation, preparation, and actual performance.


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