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Ninth Circuit: IAC for Failure to Engage Mental Health Expert and Testing, State PCR Court’s Decision Contrary to Federal Law and Defective Factfinding, Habeas Relief Granted

by Dale Chappell

The U.S. Court of Appeals for the Ninth Circuit held that trial counsel’s failure to obtain a mental health expert and psychological testing constituted ineffective assistance of counsel (“IAC”), rendering the death-penalty sentences invalid. The Court reversed the denial of habeas corpus relief and instructed the U.S. ...

 

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