Friday, December 27, 2019

Carter v. Davis, No. 13-99003 (12-26-19)(Per Curiam w/Rawlinson, Clifton, & Bybee). The 9th affirmed denials of post-conviction petitions challenging the capital convictions and sentence. The principal issue was the irreconcilable breakdown between counsel and client. The matter was brought to the state trial court as trial approached, in trial, and post-trial. Counsel and client differed on approaches, and arguably whether counsel was barring client from testifying. The state courts reviewing the issues found no breakdown sufficient for relief. The 9th upheld. Under AEDPA, the 9th disavowed the 9th’s precedent holding that an irreconcilable conflict was per se reversible. Rather, because there was no Supreme Court precedent on the matter of per se reversal, the state decision was not unreasonable. The 9th also rejected IAC on trial strategy and approach.

Hard fought appeal by Mike Weinstein and Mark Yim, Deputy Federal Defenders, Cal Central (Los Angeles).

The decision is here:



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