Friday, April 08, 2016

Gallegos v. Ryan, No. 08-99029 (4-7-16)(Berzon, Callahan, Bea; dissents from order by Berzon and Callahan). Note:  This is an Az FPD CHU case.  The 9th denied the IAC petition claim, but in an order remanded for consideration on a possible Brady claim. This petitioner was convicted and sentenced to death for murder and sexual assault on a minor.  The 9th, in affirming denial of the petition, concluded that the representation strategy of conceding guilt was not IAC; nor was lack of a coherent sentencing theory.  The strategies and tactics by counsel did not fall beneath constitutional standards.  In a separate order, the 9th denied the Martinez claim, but remanded for Brady consideration.  The lead detective in this case, it was discovered, had committed various misdeeds in a number of other cases.  Dissenting from the order, Berzon would consider the Martinez issue.  Dissenting from the order, Callahan would deny the remand on Brady for untimeliness.

The decision is here:


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