Friday, December 29, 2017

Apelt v. Ryan, No. 15-99013 (12-28-17)(Callahan w/Farris & Owens). Note: Az FPD CHU represented a co-defendant. 

The 9th reverses the district court’s finding of IAC in the capital sentencing. The panel held that while IAC did take place, AEDPA requires deference to the state supreme court’s conclusion that there was no prejudice. The 9th further found that the state court did not apply an unconstitutional nexus requirement for mitigation nor was there prejudice if there had been such an application. Further, there was no IAC as to failure to challenge competency at trial.

The decision is here:


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