HAMILTON v. AYERS

No. 06-99008.

583 F.3d 1100 (2009)

Michael Allen HAMILTON, Petitioner-Appellant, v. Robert L. AYERS, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 18, 2009.


Attorney(s) appearing for the Case

Katherine L. Hart, Law Offices of Katherine L. Hart, Fresno, CA; Saor E. Stetler, Law Offices of Saor E. Stetler, Mill Valley, CA, for petitioner Michael Allen Hamilton.

Catherine Chatman, Deputy Attorney General, Office of the California Attorney General, Sacramento, CA, for respondent Robert L. Ayers.

Before: KIM McLANE WARDLAW, WILLIAM A. FLETCHER, and RICHARD A. PAEZ, Circuit Judges.


WARDLAW, Circuit Judge:

Michael Allen Hamilton, a California death row inmate, appeals from the district court's denial of his pre-AEDPA petition for a writ of habeas corpus challenging his 1982 conviction and death penalty sentence for multiple counts of first-degree murder. We deny Hamilton's claims for relief as to the guilt phase. However, we conclude that Hamilton's trial counsel was constitutionally ineffective at the penalty phase for failing to investigate...

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