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LORD v. WOOD

Nos. 97-99025, 97-99026.

184 F.3d 1083 (1999)

Brian Keith LORD, Petitioner-Appellee, v. Tana WOOD, Superintendent, Respondent-Appellant. Brian Keith Lord, Petitioner-Appellant, v. Tana Wood, Superintendent, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 14, 1999.

Attorney(s) appearing for the Case

John J. Samson, Assistant Attorney General, Olympia, Washington, for the respondent-appellant-cross-appellee.

Peter A. Camiel, Mair, Camiel & Kovach, Seattle, Washington, for the petitioner-appellee-cross-appellant.

Sheryl G. McCloud, Law Offices of Sheryl Gordon McCloud, Seattle, Washington, for the petitioner-appellee-cross-appellant.

Before: BROWNING, KOZINSKI and T.G. NELSON, Circuit Judges.

KOZINSKI, Circuit Judge:

In this capital case we consider whether counsel's failure to call, or personally interview, three witnesses who claim to have seen the victim alive after petitioner is supposed to have killed her, constitutes ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Background

On the afternoon of September 16, 1986, 16-year...

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