HART v. GOMEZ

No. 98-15932.

174 F.3d 1067 (1999)

James Thomas HART, Petitioner-Appellant, v. James GOMEZ, Director, Department of Corrections; Theo White, Warden, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 1999.

As Amended June 15, 1999.


Attorney(s) appearing for the Case

Frank G. Prantil, Sacramento, California, for the petitioner-appellant.

Bruce Ortega, Deputy Attorney General, San Francisco, California, for the respondents-appellees.

Before: KRAVITCH, REINHARDT, and T.G. NELSON, Circuit Judges.


REINHARDT, Circuit Judge:

James Thomas Hart appeals the district court's denial of his petition for a writ of habeas corpus. Although Hart has now completed serving his sentence, he filed his petition in January 1996 while still in prison. Because we find that Hart received ineffective assistance of counsel when his trial attorney failed to investigate and introduce evidence central to petitioner's defense, we reverse.

I.

BACKGROUND

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