Wednesday, February 16, 2011

Horel v. Valdovinos, 131 S.Ct. 1042 (2011)

The trial in Peo. v. Valdovinos was extremely difficult for the prosecution. Witnesses were uncertain and in some cases contradictory in identifying the defendant.  Despite the conflicting evidence, the jury convicted Valdovinos, and the state court ssummarily denied his appeal.  The U. S. District Court denied the petition for habeas corpus.  Valdovious appealed to the 9th Circuit.

Reversed. The 9th Circuit reviewed all the conflicting evidence, and discovered the police had failed to disclose a pre trial photo lineup.  The court also found counsel "ineffective under Sixth Amendment precedent."

The Supreme Court reversed the 9th Circuit and remanded for "further consideration in light of Harrington v. Richter, 562 U.S._(2011)."  See, Blog.

Valdovinos is the sixth case the Supreme Court has reversed the Ninth Circuit during the current term of the Court.

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