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Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances

Loaded on Dec. 21, 2018 by Matthew Clarke published in Criminal Legal News January, 2019, page 11
Filed under: Attorneys, Habeas Corpus, Death Penalty/Death Row. Location: Arizona.

by Matt Clarke

The U.S. Court of Appeals for the Ninth Circuit ordered the granting of habeas relief to an Arizona death row prisoner based on ineffective assistance of counsel (“IAC”) at resentencing.

Michael Ray White was manipulated by a woman he was having an affair with into shooting her ...

 

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More from this issue:

  1. How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims, by Steve Horn
  2. Fee to Plead Guilty Burdens Indigent Defendants in Pennsylvania, by Dale Chappell
  3. California Court of Appeal: Youth Offender Parole Statute Trumps Consecutive Prison Term Statute, by Christopher Zoukis
  4. Very Few Have Taken Advantage of New York’s Program to Seal Criminal Records, by Edward Lyon
  5. Homeland Security One Step Closer to Becoming Big Brother Incarnate, by Christopher Zoukis
  6. St. Louis Police Department Fighting Prosecution Exclusion List, by Kevin Bliss
  7. Junk Sciences and Scientists Strike Again in Texas, by Edward Lyon
  8. Global Voice Recognition Database Alarms Privacy Groups, by Kevin Bliss
  9. Philadelphia Pays Out Millions to Settle Police Shootings, by Edward Lyon
  10. Scottish Psychologist’s Study Focuses On Why the Innocent May Confess to Crimes, by Derek Gilna
  11. U.S. Government Paid Out Over $60 Million to Settle Border Patrol Violence Claims, by Christopher Zoukis
  12. New Hampshire’s Secret List of Problematic Cops Gets Worse, by Dale Chappell
  13. Crime Labs Falling Short, by Edward Lyon
  14. Eleventh Circuit Denies Qualified Immunity to Florida Cop Who Seized iPhone from Accident Bystander, by Christopher Zoukis
  15. Fourth Circuit: Federal Conspiracy to Commit Murder in Aid of Racketeering Not a Crime of Violence for Purposes of Sentencing Guidelines Enhancement, by Christopher Zoukis
  16. Colorado Leads U.S. in Suppression of Court Cases, by Kevin Bliss
  17. Kansas Supreme Court Rules Fourth Amendment Violation Where Purported Inventory Search Was Performed in Absence of Standard Policy, by Richard Resch
  18. Massachusetts Supreme Court Shifts Burden on Government to Prove by Clear and Convincing Evidence Sex Offender Poses Continued Risk at Termination of Registry Hearings, by Dale Chappell
  19. Report: NYPD Assisted in Creating Facial Recognition Technology, by Kevin Bliss
  20. South Carolina Supreme Court Rules Mandatory Electronic Monitoring of Sex Offenders Must Be ‘Reasonableness’ Under Fourth Amendment, by Dale Chappell
  21. Minnesota Supreme Court Joins the Chorus by Announcing Birchfield is Retroactive, by Christopher Zoukis
  22. $1 Million Settlement by Cleveland to Six Rape, Murder Victims’ Families, by Kevin Bliss
  23. Connecticut Supreme Court Finds IAC for Failure to Investigate Key Alibi Witness, Grants New Trial, by Dale Chappell
  24. Ninth Circuit Holds Undisclosed Relationship Between Murdered FBI Agent and Presiding Judge in Capital Case Created Intolerable Risk of Judicial Bias, Warranting Habeas Relief, by David Reutter
  25. Ninth Circuit Rules California Robbery Not a ‘Crime of Violence’ in Light of Dimaya and Allows Withdrawal of Guilty Plea, by David Reutter
  26. Civil Rights Groups Urge Ending Use of Pretrial Bail Risk Assessment Tools, by Steve Horn
  27. California’s New Cashless Bail System More Likely to Increase Number of Detainees, by Kevin Bliss
  28. Article Calls for Courts to Implement ‘Brady Violation Disclosure Letter’ System, by Steve Horn
  29. Georgia Can No Longer Charge for Access to Its Statutes, Thanks to Eleventh Circuit Ruling
  30. I once wrote mandatory minimum laws. After ties to Abramoff landed me in prison, I know they must end., by Kevin Ring
  31. Seventh Circuit Vacates Conditions of Supervised Release Following Child Pornography Conviction, by Matthew Clarke
  32. Illinois: Chicago Police Misconduct Outed in Database 2.0 Version, by Edward Lyon
  33. Seventh Circuit: Bureau of Prisons Improperly Prolonged Prisoner’s Sentence, by Christopher Zoukis
  34. Oregon Supreme Court: ‘Grooming’ Evidence Requires Scientific Validity Foundation, by Mark Wilson
  35. Massachusetts Supreme Court Overturns Conviction Based on Prosecutor’s False Statement During Closing Argument, by Dale Chappell
  36. District Court Holds that Some White-Collar Felons May Lawfully Possess Firearms Due to a Little Known Exemption For Crimes ‘Relating to the Regulation of Business Practices’
  37. Harris County, Texas Prosecutors Review DWI Cases Impacted by Discredited Expert, by Derek Gilna
  38. Massachusetts Supreme Court Tosses Thousands of Drug Cases After Lab Tech Scandal and Government Cover-Up, by Dale Chappell
  39. Tenth Circuit Rules Police Seizure of Home Where No Evidence of Criminal Activity Apparent Violates Fourth Amendment Requiring Suppression of Incriminating Evidence, by Richard Resch
  40. Seventh Circuit: Procedural Error Occurs When Miscount of Prior Convictions Basis for Sentence, Resentencing Required, by David Reutter
  41. Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions, by Derek Gilna
  42. Nevada Court of Appeals Rules Police May Not Conduct Warrantless Search Based on Third-Party Consent Where No Effort Made to Determine Whether Person Has Authority to Do So, by Richard Resch
  43. New York City Cops Using Supposedly Sealed Arrest Records, by Edward Lyon
  44. Ninth Circuit Grants Habeas for IAC of Resentencing Counsel Who Failed to Challenge Sole Aggravating Factor or Investigate Mitigating Circumstances, by Matthew Clarke
  45. News in Brief
  46. Kansas Supreme Court Holds Travel Plan Questions Unconstitutionally Extended Traffic Stop, by Matthew Clarke
  47. The Fallibility of Forensic Science: Crime-Solving Tool Can Lead to Wrongful Convictions—and Belated Exonerations, by Rick Anderson

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