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DOUGLAS v. WOODFORD

No. 01-99004.

316 F.3d 1079 (2003)

Fred Berre DOUGLAS, Petitioner-Appellant, v. Jeanne S. WOODFORD, Warden, of RSWL California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 24, 2003.

Attorney(s) appearing for the Case

Mark A. Borenstein, Overland & Borenstein, LLP, Los Angeles, California, for the petitioner-appellant.

Pat Zaharopoulos, Office of the Attorney General for the State of California, San Diego, California, for the respondent-appellee.

Before SCHROEDER, Chief Judge, HAWKINS, and W. FLETCHER, Circuit Judges.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge:

Fred Douglas, a California death row inmate, appeals from the denial of his petition for a writ of habeas corpus. Because we find that Douglas's counsel was constitutionally ineffective in failing to investigate and present significant mitigating evidence to the jury, we grant relief as to the penalty phase, but deny all his other claims.

FACTUAL AND PROCEDURAL BACKGROUND

In 1984, Douglas was...

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