Wednesday, August 21, 2019

Avena v. Chappell, No. 14-99004 (8-9-19)(Thomas w/Graber & M. Smith). The 9th reverses the denial of a capital penalty IAC claim. The 9th found that the complete failure of counsel to present any mitigation was IAC. Investigation could have presented character evidence, evidence of childhood abuse, habitual PCP use, and the need for self-defense in a prison setting.  None of this was done. There was prejudice. The evidence was exactly the type that could have persuaded a juror to show mercy.

Congrats to Sean Kennedy, Michael Lightfoot, and Deputy FPD Mark Krozdowski, FPD Cal Central (Los Angeles)

The decision is here:



Post a Comment

<< Home