Monday, February 01, 2016

Liao v. Junious, No. 14-55897 (1-29-16)(Trott with Pregerson and Stafford, D.J.). 

The 9th reversed denial of petitioner's IAC claim.  The petitioner had alleged his counsel was ineffective because counsel failed to get a sleep study conducted that would have bolstered pensioner's "sleepwalking" defense.  The 9th agreed, because a sleep study would have supported the defense, added credence, and lent credibility to the expert.  Moreover, the state court had granted a motion for such a study BUT the court clerk had told counsel it was denied.  The 9th found this was prejudicial.
The decision is here:



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