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Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial
by Anthony Accurso
The U.S. Court of Appeals for the Ninth Circuit held the California Supreme Court was objectively unreasonable when it denied defendant’s claim that his lawyer provided ineffective assistance of counsel for failing to investigate or present any mitigating evidence at the penalty phase of his capital ...
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More from this issue:
- Forensic Science: Reliable and Valid?, by Jayson Hawkins
- ‘Changes Are a Comin’, by Anthony Accurso
- Kansas Supreme Court: Expired License Plate Doesn’t Attenuate Evidence from Illegal Seizure, by Douglas Ankney
- Defendant’s Flight From Police’s Illegal Frisk Doesn’t Render Improperly Obtained Evidence Admissible in Maryland, by Anthony Accurso
- Costly Electronic Monitoring Programs Replacing Ineffective Jail Bond Systems, by Kevin Bliss
- Ninth Circuit Clarifies When Warrantless Searches of Cellphones at Border Are Reasonable, by Douglas Ankney
- Faulty Science Still Admissible Evidence in Many States, by Kevin Bliss
- Big Brother, Big Business, Big Law Enforcement, by Edward Lyon
- Third Circuit Announces New Rule for Amending § 2255 Motions on Appeal, by Dale Chappell
- Alabama OKs Chemical Castration for Some Sex Offenders, by Dale Chappell
- California Court of Appeal Announces Defendant Convicted of Felony Accessory Is Eligible for Resentencing Under Proposition 64, by Douglas Ankney
- Connecticut Supreme Court: When Expert’s Testimony Asserts Truth of DNA Profile Prepared by a Different Non-Testifying Expert, Confrontation Clause Is Violated, by Douglas Ankney
- Ex-Felons’ Rights Expanding to Include Jury Duty, by Edward Lyon
- Hundreds of Missouri Prisoners May Be Released Under New Sentencing Reform Law, by Dale Chappell
- U.S. District Court Grants Savings Clause Petition, Vacates Mandatory Life Sentence, by Dale Chappell
- Tenth Circuit: District Court Abused Discretion in Denying § 2255 Petition Without Hearing Where Record Didn’t Conclusively Show Defendant Not Entitled to Relief, by Douglas Ankney
- Ninth Circuit: Drug Quantity in PSR Adopted by Sentencing Court not Binding in § 3582(c)(2) Sentence Reduction Proceedings, by Michael Berk
- 10th Circuit: District Court Must Ensure When Defendant Waives Right to Counsel He Understands He’s Required to Adhere to Federal Procedural and Evidentiary Rules, by Douglas Ankney
- Is Data Mining an Invasion of Privacy?, by Kevin Bliss
- Ninth Circuit Rules IAC for Failure to Investigate Mitigating Evidence During Penalty Phase of Capital Trial, by Anthony Accurso
- Fifth Circuit Vacates § 924 Convictions Based on Davis, by Anthony Accurso
- Safe Interactions Between Police and Citizens, by Edward Lyon
- Fifth Circuit Reiterates Diligence Under AEDPA Requires Consideration of Actions Both Before and After Filing of Habeas Petition, by Dale Chappell
- 9th Circuit Says Inadvertently Placing Closed Folding Knife on Teller Counter Not Armed Bank Robbery, by Anthony Accurso
- Oregon Supreme Court Reaffirms ‘Independent Evidence Rule’ for Accomplice Testimony, by Mark Wilson
- Groundbreaking Connecticut Law Tracks Information on Jailhouse Snitches
- Fifth Circuit: First Step Act Doesn’t Permit Plenary Resentencing in Retroactive Application of the Fair Sentencing Act, by Douglas Ankney
- California Court of Appeal Explains Procedures to Determine Appropriate Relief When Conviction Is Vacated Based on People v. Chiu and Senate Bill 1437, by Douglas Ankney
- Connecticut Supreme Court Rules 5 Days Past Due on Rent While Incarcerated Does Not Deprive Defendant of Expectation of Privacy in Home, by Anthony Accurso
- New Hampshire Ends Death Penalty, by Jayson Hawkins
- Fourth Circuit Grants Habeas Relief to Pre-Trial State Prisoner on Double Jeopardy Grounds, by Dale Chappell
- Tennessee Supreme Court Abandons Doctrine of Abatement Ab Initio, by David Reutter
- New Jersey Supreme Court Announces New Test to Determine When State May Obtain Second DNA Sample After Unlawfully Obtained First Sample, by Douglas Ankney
- Fourth Circuit Reviews for Plain Error and Vacates Brandishing a Firearm Conviction Obtained Under 18 U.S.C. § 924(C)(3), by Douglas Ankney
- Fifth Circuit: Practices of Orleans Parish Judges in Collecting Fines and Fees Violates Due Process, by Douglas Ankney
- Tens of Thousands of Sentencing Decisions Are Hidden Within PACER, Hindering Access by Lawyers and Defendants, by Dale Chappell
- Pennsylvania Supreme Court: Probationer Must Violate Specific Condition of Probation or Commit New Crime to Be Found in Violation, by Douglas Ankney
- Seventh Circuit Reverses Convictions Under 18 U.S.C. § 924(c); Holds Underlying Offenses Do Not Qualify as ‘Crimes of Violence’, by Matthew Clarke
- Businesses Are Focusing More and More on Aiding Offenders Reentering Society, by Kevin Bliss
- Qualified Immunity: Explained, by Emily Clark, Amir H. Ali
- The Mass Incarceration Epidemic Viewed Through a Young Daughter’s Eyes, by Hayley Schulman
- Prosecutors Working to Clear Wrongful Convictions With Mixed Results, by Bill Barton
More from Anthony Accurso:
- D.C. Circuit Holds Compelling Suspect to Unlock Cellphone With Thumbprint Is ‘Testimonial’ Act and Violates Fifth Amendment Privilege Against Self-Incrimination, Feb. 15, 2025
- $220,000 Settlement After Woman Dies in Ohio Jail From Drug Withdrawal, Feb. 15, 2025
- Colorado Supreme Court Holds Defendant Was in ‘Custody’ for Miranda Purposes Because She Had Hands Bagged and Zip Tied, Commanded Not to Remove Them, and Questioned Alone in Interrogation Room With Door Closed, Feb. 15, 2025
- First Circuit Holds No Emergency-Aid Exception to Warrant Requirement Where Police Have Information That Subject Is Already Deceased, Feb. 15, 2025
- Police Departments Are Now Using AI to Write Reports, Feb. 15, 2025
- Illinois Supreme Court Announces Odor of Burnt Cannabis Alone Is Insufficient to Establish Probable Cause for a Warrantless Vehicle Search, Feb. 1, 2025
- Mass Spectrometry Being Studied as Way to Analyze Overlapping or Weak Fingerprints, Feb. 1, 2025
- Georgia Supreme Court Grants Habeas Relief Where Both Trial and Appellate Counsel Provided Ineffective Assistance by Failing to Challenge Indictment for Residential Burglary That Failed to Allege Defendant Illegally Entered a ‘Dwelling’, Jan. 15, 2025
- Childhood Trauma Incidence Higher Among Those Incarcerated, Jan. 15, 2025
- Nevada Supreme Court Announces Incorporated Probable Cause Affidavit Cannot Broaden Scope of Warrant’s Description of Places and Persons to be Searched or Items to Be Seized, Dec. 1, 2024
More from these topics:
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.
- Tennessee Attorney Sues Federal Court Over Gag Order in CoreCivic Suit, Dec. 15, 2024. Corrections Corporation of America/CoreCivic, Attorneys, Gag Order.
- Indigent Defense: Appointed Counsel Does Not Mean Free Counsel, Dec. 1, 2024. Appointment of Counsel, Indigent Defense, Indigent Defendants - Fees and Expenses.
- In Oregon Case, Ninth Circuit Limits Pretrial Detention Without Counsel to Seven Days, Nov. 15, 2024. Appointment of Counsel, Pretrial Detention and Detainees, Speedy Trial Clock - Tolling of.
- Bruce Johnson 1950–2024, Sept. 15, 2024. Editorials, Criminal justice system reform, Attorneys.
- Indiana Supreme Court Clarifies Framework for Determining When Courts May Apply Cash Bail to Public-Defender Costs and to Fines, Costs, and Fees, June 15, 2024. Appointment of Counsel, Costs, Restitution, Bail Bonds.
- Nevada Prisoner Wins Injunction Requiring DOC to Provide Exercise Despite Guard Shortage, Jan. 1, 2024. Staffing, Exercise, Appointment of Counsel, Injunctions (PLRA), Preliminary Injunctions/TRO's, Class Actions, Right to Exercise.
- After Mississippi Supreme Court Announcement, Courts Unprepared to Ensure Poor Defendants Have a Lawyer Throughout the Criminal Process, Dec. 15, 2023. Appointment of Counsel, Counsel - Right to.
- Convicted Sex Offender Now a Licensed Attorney in Washington State, Oct. 15, 2023. Sex Offenders (Discrimination), Attorneys.