Wednesday, October 12, 2011

James v. Schriro, No. 8-99016 (10-12-11) (W. Fletcher with Berzon and M. Smith).

The 9th grants IAC relief on penalty phase of a capital sentence. The 9th finds that trial counsel completely failed to investigate and present mitigating evidence of the petitioner's troubled childhood, mental illness, and drug abuse. Such failure was prejudicial. The 9th denied relief on the guilt phase claims based on Brady, Giglio and Napue evidence (a plea agreement with the testifying juvenile co-defendant turned cooperator) because of harmlessness and lack of prejudice due to overwhelming evidence of guilt.


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