Wednesday, October 19, 2011

Allison v. Diaz, 132 S.Ct. 75 (2011); Reversing 9th Cir. 405 Fed.Appx.123 (C.A.9)

In an unpublished memorandum opinion, the 9th Circuit reversed another death penalty case on grounds of ineffective counsel.  Using the wrong legal test, as it has for years, the court cited insufficient investigation and poor strategy by counsel.

Reversed. The Supreme Court ordered the 9th Circuit  to review its decision in light of Harrison v. Richter, 562 U.S._2011).

This case continues the 9th Circuit record of reversal in death penalty cases using the wrong analysis.  And it has done so for the last decade.

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