JONES v. RYAN

No. 07-99000.

583 F.3d 626 (2009)

Danny Lee JONES, Petitioner-Appellant, v. Charles L. RYAN, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submitted July 6, 2009.

Filed October 2, 2009.


Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, Kent E. Cattani, Chief Counsel, Capital Litigation Section, and Jeffrey A. Zick, Assistant Attorney General, Phoenix, AZ, for the respondents-appellees.

Jon M. Sands, Federal Public Defender, Leticia Marquez, Assistant Public Defender, and Sylvia J. Lett, Assistant Public Defender, Tucson, AZ, for the petitioner-appellant.

Before B. FLETCHER, MICHAEL DALY HAWKINS and SIDNEY R. THOMAS, Circuit Judges.


THOMAS, Circuit Judge:

Danny Lee Jones, an Arizona inmate on Death Row, appeals the district court's denial of his petition for writ of habeas corpus. We conclude that Danny was denied constitutionally effective assistance of counsel at sentencing, and we reverse the judgment of the district court.

I

A

On March 26, 1992, Danny Jones spent the day partying in Richard Weaver's garage in Bullhead City, Arizona, when a fight broke out. Evidence...

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