The Ninth Circuit today grants habeas corpus relief and vacates the death sentence of a California prisoner, Carlos Avena, finding the California Supreme Court over 20 years ago “unreasonably applied clearly established federal law in denying Avena’s claim for ineffective assistance of counsel at the penalty phase.” The federal court’s opinion, in Avena v. Chappell, reverses a district court judgment.
The Ninth Circuit’s criticism is directed at a 5-2 Supreme Court decision that denied Avena’s state habeas corpus petition, finding no showing of prejudice from the asserted deficient lawyering. (In re Avena (1996) 12 Cal.4th 694.) Justices Stanley Mosk and Joyce Kennard dissented from the denial, Justice Mosk commenting, “The majority appear to be embarrassed—and with good reason—to deny this petitioner relief in the face of the shockingly ineffective assistance he received from his court-appointed trial counsel.” (Id. at p. 741.)
