Washington v. Ryan, No. 05-99009 (9th Cir. 2019)Annotate this Case
The Ninth Circuit reversed the district court's denial of habeas relief as to the penalty phase, because petitioner's counsel rendered ineffective assistance by not investigating and presenting mitigating evidence at the penalty phase. Applying de novo review, the panel held that counsel did not properly investigate petitioner's background, and thus the trial court at the penalty phase was not presented with substantial mitigation evidence regarding petitioner's education and incarceration, his diffuse brain damage, and his history of substance abuse. The panel held that this raised a reasonable probability that, had the trial court been presented with the mitigation evidence in the first instance, the outcome would have been different. In this case, petitioner may have been spared the death penalty and been imprisoned for life instead. Accordingly, the panel remanded with instructions to grant relief against the death penalty.
This opinion or order relates to an opinion or order originally issued on June 17, 2015.