THOMAS v. CHAPPELL

No. 09-99024.

678 F.3d 1086 (2012)

Ralph International THOMAS, Petitioner-Appellee, v. Kevin CHAPPELL, Warden of San Quentin State Prison, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2012.


Attorney(s) appearing for the Case

Gerald A. Engler , Senior Assistant Attorney General, State of California, San Francisco, CA, for the respondent-appellant.

A.J. Kutchins , Berkeley, CA, for the petitioner-appellee.

Opinion by Judge GRABER; Dissent by Judge O'SCANNLAIN.


OPINION

GRABER, Circuit Judge:

Respondent, the Warden of San Quentin State Prison, appeals from the district court's grant of a writ of habeas corpus to Petitioner Ralph International Thomas. The California Supreme Court held that Petitioner received constitutionally ineffective assistance of counsel at his trial but that trial counsel's deficient assistance did not prejudice Petitioner. The district court disagreed with the latter conclusion, held that...

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