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STANKEWITZ v. WONG

No. 10-99001.

698 F.3d 1163 (2012)

Douglas Ray STANKEWITZ, Petitioner-Appellee, v. Robert K. WONG, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed October 29, 2012.

Attorney(s) appearing for the Case

Eric Christoffersen (argued) and John G. McLean , Deputy Attorneys General, Sacramento, CA, for the respondent-appellant.

Daniel J. Broderick , Federal Defender; Harry Simon (argued), Assistant Federal Defender, Sacramento, CA, for the petitioner-appellee.

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

OPINION

FISHER, Circuit Judge:

We consider whether Douglas R. Stankewitz received ineffective assistance of counsel at the penalty phase of his capital murder trial. In a prior appeal in this matter, we held that Stankewitz's allegations that his counsel failed to investigate and present readily available mitigation evidence — including evidence of his deprived and abusive upbringing, potential mental illness...

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