Ben-Sholom v. Ayers, Jr., No. 09-99014 (9th Cir. 2012)
Annotate this CaseDefendant was convicted of murder and subsequently appealed the denial of his request for an evidentiary hearing on his claim of ineffective assistance of counsel during the guilt phase of his bifurcated trial. Because the government did not argue that defendant's trial counsel was effective, the question shifted to prejudice. The court concluded that the district court did not err in declining to order an evidentiary hearing because defendant could not establish prejudice from counsel's failure to present a mental state defense during the guilt phase.
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