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DUNCAN v. ORNOSKI

No. 05-99010.

528 F.3d 1222 (2008)

Henry Earl DUNCAN, Petitioner-Appellant, v. Steven W. ORNOSKI, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted March 6, 2008.

Filed June 24, 2008.

Attorney(s) appearing for the Case

Mitchell Zimmerman, Mountain View, CA, Richard C. Neuhoff, New Britain, CT, Kathryn J. Fritz and Albert Sieber, San Francisco, CA, for the petitioner-appellant.

Edmund G. Brown, Jr., Attorney General of the State of California, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Keith H. Borjon, Supervising Deputy Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Los Angeles, CA, for the respondent-appellee.

Before: STEPHEN REINHARDT, RONALD M. GOULD, and RICHARD A. PAEZ, Circuit Judges.

REINHARDT, Circuit Judge:

Once again, we consider whether a capital defendant's appointed lawyer's performance was so deficient and prejudicial that it violated his Sixth Amendment right to counsel. Appellant Henry Earl Duncan was convicted of robbery and first-degree murder on March 3, 1986. The jury found the special circumstance allegation to be true and, after a brief penalty phase hearing, sentenced Duncan to death. The California Supreme Court affirmed the judgment...

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