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BELMONTES v. AYERS

No. 01-99018.

529 F.3d 834 (2008)

Fernando BELMONTES, Jr., Petitioner-Appellant, v. Robert L. AYERS, Jr., Warden for the California State Prison at San Quentin, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 13, 2008.

Attorney(s) appearing for the Case

Eric Multhaup, Mill Valley, CA, and Christopher H. Wing, Sacramento, CA, for the petitioner-appellant.

Edmund G. Brown, Jr., Attorney General for the State of California, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Eric L. Christoffersen, Deputy Attorney General, and Mark A. Johnson, Deputy Attorney General, Sacramento, CA, for the respondent-appellee.

Opinion by Judge REINHARDT; Dissent by Judge O'SCANNLAIN.

REINHARDT, Circuit Judge:

Once again we are presented with a case in which an individual sentenced to death received inadequate representation by his counsel at the penalty phase of his trial. Here, the question is only whether counsel's deficient performance was prejudicial. There can be little doubt that it was.

Fernando Belmontes, Jr. was convicted of first degree murder and sentenced to death in California state court in 1982. After his conviction and...

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