Greenway v. Schriro, No. 07-99021 (9th Cir. 2011)
Annotate this CasePetitioner was convicted and sentenced to death for murdering a mother and her daughter. Petitioner appealed his denial of federal habeas relief under 28 U.S.C. 2254, raising a number of different claims. The court agreed with the district court that there was no showing of any impropriety or appearance of impropriety from the trial judge. The court affirmed the denial of the claims of ineffective assistance of counsel at sentencing because the court concluded that they lacked merit. The court agreed with the district court that the state courts adequately considered all mitigating evidence in sentencing defendant to death and therefore, affirmed the denial of that claim. The court further held that since defendant was still pursuing his first post-conviction petition when, in accordance with the suggestion of the state supreme court, he sought to amend his first petition, there was no "previous collateral proceeding." Hence, there was no adequate and independent state ground supporting the trial court's refusal to hear the claims of ineffective assistance at trial and on direct appeal. Therefore, the court remanded only those claims for consideration by the district court.
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