Ninth Circuit en banc PP relief
The Ninth Circuit in Pinholster v. Ayer (available here) has granted penalty phase relief on counsel’s penalty phase performance. The breadth of the majority opinion (incl. several Bush II appointees) suggests the opinion should hold.
Friday, 11. December 2009 11:55
Not sure that I would agree with you there. Obviously, it’s always a safe bet to say “cert. denied”, but the reality is that there are serious AEDPA issues with this case. And the Court has had its eye on AEDPA for a while.