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SILVA v. WOODFORD

No. 99-99009.

279 F.3d 825 (2002)

Benjamin Wai SILVA, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, San Quentin State Prison, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed February 1, 2002.

Amended February 22, 2002.

Attorney(s) appearing for the Case

Phillip A. Trevino, Michael J. Brennan, Beverly Hills, CA, for the petitioner-appellant.

Robert M. Foster, Deputy Attorney General, San Diego, CA, for the respondent-appellee.

Before B. FLETCHER, THOMAS, and WARDLAW, Circuit Judges.

OPINION

BETTY B. FLETCHER, Circuit Judge.

Benjamin Wai Silva, who is on death row in California for the murder of Kevin Thorpe in 1981, appeals from the denial of his petition for a writ of habeas corpus. Because we find that Silva's counsel was constitutionally ineffective in failing to investigate and present potentially compelling mitigating evidence to the jury, we grant the writ as to the penalty phase...

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