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RICHTER v. HICKMAN

No. 06-15614.

578 F.3d 944 (2009)

Joshua RICHTER, Petitioner-Appellant, v. R.Q. HICKMAN, Warden; Cal A. Terhune; Ernie Roe, Respondents-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2009.

Attorney(s) appearing for the Case

Cliff Gardner, Oakland, CA; Edward W. Swanson, Swanson & McNamara LLP, San Francisco, CA, for petitioner-appellant Joshua Richter.

Harry Joseph Colombo, Deputy Attorney General, John G. McLean, Supervising Deputy Attorney General, and Mark Anthony Johnson, Deputy Attorney General, Sacramento, CA, for the respondents-appellees.

Opinion by Judge REINHARDT; Dissent by Judge BYBEE

REINHARDT, Circuit Judge:

To ... not prepare is the greatest of crimes; to be prepared beforehand for any contingency is the greatest of virtues. —Sun Tzu, The Art of War 83 (Samuel B. Griffith trans., Oxford University Press 1963)

At the heart of an effective defense is an adequate investigation. Without sufficient investigation, a defense attorney, no matter...

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