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BROWN v. UTTECHT

No. 04-35998.

530 F.3d 1031 (2008)

Cal Coburn BROWN, Petitioner-Appellant, v. Jeffrey UTTECHT, Superintendent of WA State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 27, 2008.

Attorney(s) appearing for the Case

Gilbert H. Levy and Suzanne Lee Elliot, Seattle, WA, for the petitioner.

John J. Samson, Assistant Attorney General; Robert M. McKenna, Attorney General, Olympia, WA, for the respondent.

Opinion by Chief Judge KOZINSKI; Dissent by Judge REINHARDT.

KOZINSKI, Chief Judge:

On remand from the Supreme Court, Uttecht v. Brown, ___ U.S. ___, 127 S.Ct. 2218, 167 L.Ed.2d 1014 (2007), we consider whether defense counsel's performance was deficient.

Facts

After raping and murdering Holly Washa,1 Brown was convicted of aggravated first-degree murder in Washington. With the aid of an investigator, a social worker and a mitigation specialist, Brown's three experienced...

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