AVENA v. CHAPPELL

No. 14-99004.

932 F.3d 1237 (2019)

Carlos J. AVENA, Petitioner-Appellant, v. Kevin CHAPPELL, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 5, 2018.

Filed August 8, 2019.


Attorney(s) appearing for the Case

Sean K. Kennedy (argued), Los Angeles, California; Michael J. Lightfoot , Of Counsel; Mark R. Drozdowski , Deputy Federal Public Defender; Hilary Potashner , Federal Public Defender; Office of the Federal Public Defender, Los Angeles, California; for Petitioner-Appellant.

Michael Katz (argued) and A. Scott Hayward , Deputy Attorneys General; Lance E. Winters , Senior Assistant Attorney General; Gerald A. Engler , Chief Assistant Attorney General; Xavier Becerra , Attorney General; Office of the Attorney General, Los Angeles, California; for Respondent-Appellee.

Before: Sidney R. Thomas, Chief Judge, and Susan P. Graber and Milan D. Smith, Jr., Circuit Judges.


OPINION

Carlos Avena was convicted and sentenced to death by a California jury on two counts of first-degree murder for killings he committed during a carjacking in 1980. The district court denied his habeas corpus petition raising claims of ineffective assistance of counsel at the guilt and penalty phases of his trial...

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