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GENTRY v. ROE

No. 00-55691.

300 F.3d 1007 (2002)

Lionel E. GENTRY, Petitioner-Appellant, v. Ernie ROE, Warden; Attorney General of the State of California, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 8, 2002.

Attorney(s) appearing for the Case

James H. Locklin, Deputy Federal Public Defender (argued), Los Angeles, CA, for the petitioner-appellant.

Shawn McGahey Webb (argued and on the brief), Deputy Attorney General of the State of California, for the respondents-appellees.

Before: HUG, FARRIS and SILVERMAN, Circuit Judges.

Opinion by Judge FARRIS; Dissent by Judge SILVERMAN.

FARRIS, Circuit Judge.

We are asked to decide whether trial counsel's closing argument on behalf of petitioner Lionel Gentry constituted ineffective assistance of counsel. Trial counsel's election to ignore evidence in the record that helped his client and to highlight record and non-record evidence that hurt his client cannot be defended as non-prejudicial "trial strategy." We therefore reverse his conviction...

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