Thursday, July 01, 2021

Jones v. Ryan, No. 18-99005 (6-28-21)(Thomas w/Hawkins & Christen). Note: This is an Az FPD-CHU case. The 9th granted capital habeas relief based on IAC of (1) state PCR counsel and (2) state trial counsel. The IAC occurred in the sentencing phase. It resulted from failure of PCR counsel to seek a neuropsychological expert. Trial counsel was IAC for failure to request and develop mental health experts at the sentencing phase. The failure of both counsel met the Strickland standard, and was prejudicial. Petitioners claims arose under AEDPA, where great deference is afforded, but the 9th concluded the state court’s findings under Strickland were unreasonable.

Congrats to Amanda Bass and Leti Marquez, AFPDs in the FPD CHU (Phoenix & Tucson).

The decision is here:


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