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MAY v. SHINN

Nos. 17-15603 17-15704.

954 F.3d 1194 (2020)

Stephen Edward MAY, Petitioner-Appellee/Cross-Appellant, v. David SHINN; Mark Brnovich, Attorney General, Respondents-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 27, 2020.

Attorney(s) appearing for the Case

Robert A. Walsh (argued), Assistant Attorney General, Criminal Appeals Section; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Respondents-Appellants/Cross-Appellees.

Erica T. Dubno (argued), Fahringer & Dubno Herald Price Fahringer PLLC, New York, New York; Robert J. McWhirter , Law Offices of Robert J. McWhirter, Phoenix, Arizona; Michael D. Kimerer , Kimerer & Derrick P.C., Phoenix, Arizona; for Petitioner-Appellee/Cross-Appellant.

Mikel Patrick Steinfeld , Phoenix, Arizona, for Amicus Curiae Arizona Attorneys for Criminal Justice.

J. Thomas Sullivan , Little Rock, Arkansas, for Amicus Curiae National Association for Rational Sex Offense Laws.

Dissent by Judge Block.

OPINION

Appellant Stephen May seeks habeas corpus relief, arguing that he was deprived of his Sixth Amendment right to counsel because the defense lawyer who represented him in his child molestation trial in Arizona state court was ineffective. After the close of evidence in that trial, the jury reported that...

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