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VISCIOTTI v. MARTEL

No. 11-99008.

862 F.3d 749 (2016)

John Louis VISCIOTTI, Petitioner-Appellant, v. Michael MARTEL, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed October 17, 2016.

Amended July 6, 2017.

Attorney(s) appearing for the Case

Mark R. Drozdowski (argued), Deputy Federal Public Defender; K. Elizabeth Dahlstrom , Research & Writing Specialist; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; Statia Peakheart , Los Angeles, California; for Petitioner-Appellant.

Meagan J. Beale (argued), Deputy Attorney General; Holly Wilkens , Supervising Deputy Attorney General; Julie L. Garland , Senior Assistant Attorney General; Kamala D. Harris , Attorney General; Office of the Attorney General, San Diego, California; for Respondent-Appellee.

Concurrence by Judge Berzon.

ORDER

The opinion filed October 17, 2016 is amended as follows:

1. At page 48, footnote 15 of the opinion, delete "Because we conclude that counsel's performance was not deficient, we do not consider the prejudice prong of the Strickland analysis." Add the following text in its place:

The Supreme Court has recently held that a petitioner claiming that trial counsel was ineffective for failing to object to the closure of voir dire bears the...

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