Stokley v. Ryan, No. 09-99004 (9th Cir. 2011)
Annotate this CaseDefendant was sentenced to death for the murder of two thirteen-year-old girls. Defendant challenged his sentence under 28 U.S.C. 2254, arguing that he should receive an evidentiary hearing to develop the claim that his trial counsel provided ineffective assistance at sentencing by failing to adequately investigate and present evidence that defendant suffered from organic brain damage at the time of the murders. The court held that, under the demanding standard of Strickland v. Washington, defendant had not presented a colorable claim that counsel's actions were constitutionally ineffective. Accordingly, the court affirmed the district court's denial of an evidentiary hearing.
The court issued a subsequent related opinion or order on November 15, 2012.
The court issued a subsequent related opinion or order on November 21, 2012.
The court issued a subsequent related opinion or order on November 27, 2012.
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