harrington
warden
richter
argued
october
decided
january
deputies
called
drug
dealer
johnson
california
home
found
johnson
wounded
klein
fatally
wounded
johnson
claimed
shot
bedroom
respondent
richter
codefendant
branscombe
found
klein
living
room
couch
gun
safe
pistol
cash
missing
account
corroborated
evidence
scene
including
relevant
spent
shell
casings
blood
spatters
blood
pooled
bedroom
doorway
investigators
took
blood
sample
wall
near
bedroom
door
blood
pool
search
richter
home
turned
safe
ammunition
matching
evidence
scene
arrest
murder
charges
richter
initially
denied
involvement
later
admitted
disposing
johnson
branscombe
guns
prosecution
initially
built
case
johnson
testimony
circumstantial
evidence
adjusted
approach
richter
counsel
opening
statement
outlined
theory
branscombe
shot
johnson
klein
killed
crossfire
bedroom
doorway
stressed
lack
forensic
support
prosecution
case
prosecution
decided
call
expert
blood
pattern
evidence
testified
unlikely
klein
shot
outside
living
room
moved
couch
serologist
testified
blood
sample
taken
near
blood
pool
johnson
klein
conceded
tested
sample
degraded
sample
make
difficult
tell
blood
klein
type
defense
counsel
called
richter
tell
conflicting
version
events
called
witnesses
corroborate
richter
version
richter
convicted
sentenced
life
without
parole
later
sought
habeas
relief
california
asserting
inter
alia
counsel
provided
ineffective
assistance
see
strickland
washington
failed
present
expert
testimony
blood
evidence
disclosed
blood
pool
source
bolstered
richter
theory
also
offered
affidavits
forensics
experts
support
claim
denied
petition
summary
order
subsequently
reasserted
state
claims
federal
habeas
petition
district
denied
petition
ninth
circuit
panel
affirmed
en
banc
reversed
initially
questioned
whether
amended
antiterrorism
effective
death
penalty
act
aedpa
limits
availability
federal
habeas
relief
claims
previously
adjudicated
merits
state
applied
richter
petition
since
state
issued
summary
denial
found
decision
unreasonable
anyway
view
trial
counsel
deficient
failing
consult
blood
evidence
experts
planning
trial
strategy
preparing
rebut
expert
evidence
prosecution
might
later
offer
held
section
applies
richter
petition
even
though
state
order
unaccompanied
opinion
explaining
reasoning
pp
terms
bars
relitigation
claim
adjudicated
merits
state
unless
among
exceptions
earlier
decision
involved
unreasonable
application
clearly
established
federal
law
determined
nothing
text
refers
decision
resulting
adjudication
requires
statement
reasons
decision
explanation
habeas
petitioner
must
still
show
reasonable
basis
state
deny
relief
merit
assertion
applying
state
courts
issue
summary
rulings
encourage
courts
withhold
explanations
issuance
summary
dispositions
enable
state
judiciaries
concentrate
resources
needed
pp
merit
richter
argument
apply
california
say
adjudicating
claim
merits
state
denied
relief
adjudication
merits
presumed
absent
contrary
indication
procedural
principles
presumption
may
overcome
likely
explanation
state
decision
richter
make
showing
pp
richter
entitled
habeas
relief
ordered
ninth
circuit
pp
failed
accord
required
deference
decision
state
adjudicating
claims
later
presented
federal
habeas
petition
opinion
shows
improper
understanding
unreasonableness
standard
operation
context
strickland
claim
asking
whether
state
application
strickland
standard
unreasonable
different
asking
whether
defense
counsel
performance
fell
standard
aedpa
state
must
granted
deference
latitude
operation
case
involving
direct
review
strickland
state
determination
claim
lacks
merit
precludes
federal
habeas
relief
long
jurists
disagree
correctness
decision
yarborough
alvarado
general
rule
considered
leeway
courts
reaching
outcomes
determinations
ibid
ninth
circuit
explicitly
conducted
de
novo
review
found
strickland
violation
declared
without
explanation
state
contrary
decision
unreasonable
requires
habeas
determine
arguments
theories
supported
supported
decision
ask
whether
possible
jurists
disagree
arguments
theories
inconsistent
prior
decision
aedpa
unreasonableness
standard
test
confidence
federal
habeas
conclusion
reach
de
novo
matter
even
strong
case
relief
make
state
contrary
conclusion
unreasonable
section
designed
confirm
state
courts
principal
forum
asserting
constitutional
challenges
state
convictions
pp
ninth
circuit
erred
concluding
richter
demonstrated
unreasonable
application
strickland
state
pp
richter
secured
relief
state
showing
counsel
provided
deficient
assistance
prejudice
resulted
deficient
counsel
representation
must
fallen
objective
standard
reasonableness
strickland
strong
presumption
counsel
representation
within
wide
range
reasonable
professional
assistance
question
whether
counsel
made
errors
fundamental
counsel
functioning
counsel
guaranteed
sixth
amendment
prejudice
requires
demonstrating
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
surmounting
strickland
high
bar
never
easy
padilla
kentucky
strickland
function
way
escape
rules
waiver
forfeiture
question
whether
attorney
representation
amounted
incompetence
prevailing
professional
norms
whether
deviated
best
practices
common
custom
establishing
state
application
strickland
unreasonable
even
difficult
since
standards
highly
deferential
since
strickland
general
standard
substantial
range
reasonable
applications
question
whether
counsel
actions
reasonable
whether
reasonable
argument
counsel
satisfied
strickland
deferential
standard
pp
ninth
circuit
erred
holding
richter
attorney
consulted
forensic
blood
experts
introduced
expert
evidence
state
reasonably
concluded
counsel
provided
adequate
representation
state
reasonably
conclude
competent
attorney
elect
strategy
require
using
blood
evidence
experts
rare
situations
latitude
counsel
enjoys
limited
one
technique
approach
number
experts
whose
insight
might
useful
defense
counsel
entitled
balance
limited
resources
accord
effective
trial
tactics
strategies
finding
otherwise
ninth
circuit
failed
reconstruct
circumstances
counsel
challenged
conduct
evaluate
conduct
counsel
perspective
time
strickland
supra
given
many
factual
differences
prosecution
defense
versions
events
far
evident
time
trial
blood
source
central
richter
case
relying
harsh
light
hindsight
cast
doubt
trial
took
place
years
ago
precisely
strickland
aedpa
seek
prevent
see
bell
cone
even
value
expert
testimony
apparent
reasonable
conclude
competent
attorney
might
elect
use
counsel
reason
question
truth
client
account
making
blood
evidence
central
issue
also
led
prosecution
produce
expert
analysis
possibly
destroying
richter
case
distracted
jury
esoteric
questions
forensic
science
defense
counsel
opening
statement
may
inspired
prosecution
present
forensic
evidence
shows
defense
strategy
work
well
hoped
light
record
basis
rule
state
determination
unreasonable
appeals
erred
dismissing
concern
inaccurate
account
counsel
actual
thinking
since
strickland
examined
objective
reasonableness
counsel
actions
whether
counsel
constitutionally
deficient
preparing
expert
testimony
response
prosecution
attorney
may
faulted
reasonable
miscalculation
lack
foresight
failing
prepare
remote
possibilities
even
counsel
mistaken
prosecution
expect
present
forensic
testimony
eve
trial
thus
least
debatable
whether
counsel
error
fundamental
call
trial
fairness
doubt
even
counsel
foreseen
prosecution
tactic
richter
still
need
show
indisputable
strickland
required
attorney
rely
rebuttal
witness
rather
discredit
witnesses
strickland
imposes
requirement
possible
isolated
error
constitute
ineffective
assistance
sufficiently
egregious
difficult
establish
ineffective
assistance
counsel
overall
performance
reflects
active
capable
advocacy
pp
ninth
circuit
also
erred
concluding
richter
established
prejudice
strickland
asks
whether
reasonably
likely
verdict
different
whether
certain
counsel
performance
effect
outcome
reasonable
doubt
might
established
counsel
acted
differently
must
substantial
likelihood
different
result
state
reasonably
concluded
richter
prejudice
evidence
fell
short
standard
expert
serology
evidence
established
theoretical
possibility
klein
blood
blood
pool
trial
defense
counsel
extracted
similar
concession
prosecution
expert
also
reasonable
find
richter
established
prejudice
given
offered
evidence
challenging
conclusions
prosecution
experts
blood
sample
matched
johnson
blood
type
furthermore
sufficient
conventional
circumstantial
evidence
pointing
richter
guilt
including
items
found
home
pp
reversed
remanded
kennedy
delivered
opinion
roberts
scalia
thomas
breyer
alito
sotomayor
joined
ginsburg
filed
opinion
concurring
judgment
kagan
took
part
consideration
decision
case
kelly
harrington
warden
petitioner
joshua
richter
writ
certiorari
appeals
ninth
circuit
january
justice
kennedy
delivered
opinion
writ
habeas
corpus
stands
safeguard
imprisonment
held
violation
law
judges
must
vigilant
independent
reviewing
petitions
writ
commitment
entails
substantial
judicial
resources
resources
diminished
misspent
however
confidence
writ
law
vindicates
undermined
judicial
disregard
sound
established
principles
inform
proper
issuance
judicial
disregard
inherent
opinion
appeals
ninth
circuit
review
appeals
disagreement
contrary
conclusions
state
california
district
ordered
habeas
corpus
relief
granted
set
aside
conviction
joshua
richter
respondent
clear
error
availability
federal
habeas
relief
limited
respect
claims
previously
adjudicated
merits
proceedings
first
inquiry
case
presents
whether
applies
relief
denied
without
accompanying
statement
reasons
question
whether
appeals
adhered
statute
terms
case
relates
claims
judged
standard
set
forth
strickland
washington
second
case
decided
today
premo
moore
post
presents
similar
issues
case
necessary
reverse
appeals
failing
accord
required
deference
decision
state
necessary
begin
discussing
details
crime
committed
decade
half
ago
sometime
midnight
december
sheriff
deputies
sacramento
county
california
arrived
home
drug
dealer
named
joshua
johnson
hours
johnson
smoking
marijuana
company
richter
two
men
christian
branscombe
patrick
klein
deputies
arrived
however
found
johnson
klein
johnson
hysterical
covered
blood
klein
lying
couch
johnson
living
room
unconscious
bleeding
klein
johnson
shot
twice
johnson
recovered
klein
died
wounds
johnson
gave
investigators
account
falling
asleep
awoke
find
richter
branscombe
bedroom
point
branscombe
shot
johnson
heard
gunfire
living
room
sound
assailants
leaving
got
found
klein
bleeding
living
room
couch
called
gun
safe
pistol
cash
bedroom
missing
evidence
scene
corroborated
johnson
account
investigators
found
spent
shell
casings
bedroom
johnson
said
shot
living
room
johnson
indicated
klein
shot
living
room
two
casings
caliber
caliber
one
bullets
recovered
klein
body
bedroom
two
casings
caliber
addition
detectives
found
blood
spatter
near
living
room
couch
bloodstains
bedroom
pools
blood
collected
kitchen
doorway
johnson
bedroom
investigators
took
blood
samples
crime
scene
one
blood
splash
wall
near
bedroom
doorway
sample
taken
doorway
blood
pool
investigators
searched
richter
residence
found
johnson
gun
safe
two
boxes
ammunition
gun
magazine
loaded
cartridges
brand
type
boxes
ballistics
expert
later
concluded
bullet
struck
klein
shell
found
living
room
matched
ammunition
found
richter
home
bore
markings
consistent
model
gun
magazine
designed
richter
branscombe
arrested
first
richter
denied
involvement
later
admit
taking
johnson
pistol
disposing
weapon
branscombe
used
shoot
johnson
klein
richter
counsel
produced
johnson
missing
pistol
neither
guns
used
shoot
johnson
klein
found
branscombe
richter
tried
together
charges
murder
attempted
murder
burglary
robbery
richter
case
presented
prosecution
built
case
johnson
testimony
circumstantial
evidence
opening
statement
took
note
shell
casings
found
crime
scene
ammunition
gun
safe
found
richter
residence
defense
counsel
offered
explanations
circumstantial
evidence
derided
johnson
drug
dealer
paranoid
gun
fanatic
drawn
pistol
branscombe
richter
last
time
seen
inconsistencies
johnson
story
call
instance
johnson
first
said
four
five
men
broken
house
two
call
identify
richter
branscombe
among
intruders
blood
evidence
appear
part
prosecution
planned
case
prior
trial
investigators
analyzed
blood
samples
taken
crime
scene
opening
statement
defense
led
prosecution
alter
approach
richter
attorney
outlined
theory
branscombe
fired
johnson
klein
killed
living
room
couch
crossfire
bedroom
doorway
defense
counsel
stressed
deficiencies
investigation
including
absence
forensic
support
prosecution
version
events
prosecution
took
steps
adjust
counterattack
disclosed
without
advance
notice
objection
richter
attorney
one
detectives
investigated
shootings
testified
prosecution
expert
blood
pattern
evidence
concluded
unlikely
klein
shot
outside
living
room
moved
couch
given
patterns
blood
klein
face
well
evidence
including
high
velocity
blood
spatter
near
couch
consistent
location
shooting
prosecution
also
offered
testimony
serologist
testified
blood
sample
taken
near
pool
bedroom
door
johnson
klein
defense
counsel
probed
weaknesses
testimony
two
witnesses
detective
testified
blood
patterns
acknowledged
inferences
imprecise
unlikely
klein
lying
couch
shot
say
blood
living
room
either
klein
wounds
defense
counsel
elicited
serologist
concession
tested
bedroom
blood
sample
said
sample
degraded
difficult
tell
whether
blood
klein
type
also
present
sample
defense
richter
attorney
called
seven
witnesses
prominent
among
richter
richter
testified
branscombe
returned
johnson
house
shootings
order
deliver
something
one
johnson
roommates
richter
account
branscombe
entered
house
alone
richter
waited
driveway
hearing
screams
gunshots
richter
followed
inside
saw
klein
lying
couch
bedroom
doorway
johnson
bed
branscombe
standing
middle
room
according
richter
branscombe
said
shot
johnson
klein
attacked
defense
witnesses
provided
corroboration
richter
story
former
girlfriend
instance
said
saw
gun
safe
richter
house
shortly
shootings
jury
returned
verdict
guilty
charges
richter
sentenced
life
without
parole
appeal
conviction
affirmed
people
branscombe
cal
rptr
cal
app
officially
depublished
california
denied
petition
review
people
branscombe
cal
lexis
june
richter
file
petition
certiorari
conviction
became
final
richter
later
petitioned
california
writ
habeas
corpus
asserted
number
grounds
relief
including
ineffective
assistance
counsel
relevant
claimed
counsel
deficient
failing
present
expert
testimony
serology
pathology
blood
spatter
patterns
testimony
argued
disclose
source
blood
pool
bedroom
doorway
contended
bolster
theory
johnson
moved
klein
couch
offered
affidavits
three
types
forensic
experts
first
provided
statements
two
blood
serologists
said
possibility
klein
blood
intermixed
blood
johnson
type
sample
taken
near
pool
bedroom
doorway
second
provided
statement
pathologist
said
blood
pool
large
come
johnson
given
nature
wounds
account
actions
waiting
police
third
provided
statement
expert
bloodstain
analysis
said
absence
large
number
satellite
droplets
photographs
area
around
blood
bedroom
doorway
inconsistent
blood
pool
coming
johnson
stood
doorway
app
richter
argued
evidence
established
possibility
blood
bedroom
doorway
came
klein
johnson
true
argued
confirm
account
johnson
california
denied
richter
petition
summary
order
see
richter
mar
app
pet
cert
richter
seek
certiorari
california
issued
summary
order
denying
relief
richter
filed
petition
habeas
corpus
district
eastern
district
california
reasserted
claims
state
petition
district
denied
petition
panel
appeals
ninth
circuit
affirmed
see
richter
hickman
appeals
granted
rehearing
en
banc
reversed
district
decision
see
richter
hickman
preliminary
matter
appeals
questioned
whether
applicable
richter
petition
since
california
issued
summary
denial
rejected
strickland
claims
determined
california
decision
unreasonable
event
richter
entitled
relief
held
richter
trial
counsel
deficient
failing
consult
experts
blood
evidence
determining
pursuing
trial
strategy
preparing
rebut
expert
evidence
prosecution
might
later
offer
four
judges
dissented
en
banc
decision
granted
certiorari
ii
statutory
authority
federal
courts
issue
habeas
corpus
relief
persons
state
custody
provided
amended
antiterrorism
effective
death
penalty
act
aedpa
text
application
writ
habeas
corpus
behalf
person
custody
pursuant
judgment
state
shall
granted
respect
claim
adjudicated
merits
state
proceedings
unless
adjudication
claim
resulted
decision
contrary
involved
unreasonable
application
clearly
established
federal
law
determined
resulted
decision
based
unreasonable
determination
facts
light
evidence
presented
state
proceeding
initial
matter
necessary
decide
whether
applies
state
order
unaccompanied
opinion
explaining
reasons
relief
denied
terms
bars
relitigation
claim
adjudicated
merits
state
subject
exceptions
text
statute
requiring
statement
reasons
statute
refers
decision
resulted
adjudication
every
appeals
consider
issue
recognized
determining
whether
state
decision
resulted
unreasonable
legal
factual
conclusion
require
opinion
state
explaining
state
reasoning
see
chadwick
janecka
wright
secretary
dept
corrections
sellan
kuhlman
bell
jarvis
en
banc
harris
stovall
aycox
lytle
james
bowersox
observed
state
need
cite
even
aware
cases
early
packer
per
curiam
state
decision
unaccompanied
explanation
habeas
petitioner
burden
still
must
met
showing
reasonable
basis
state
deny
relief
whether
state
reveals
elements
multipart
claim
found
insufficient
applies
claim
component
one
adjudicated
merit
assertion
compliance
excused
state
courts
issue
summary
rulings
applying
cases
encourage
state
courts
withhold
explanations
decisions
practices
state
courts
influenced
considerations
avoiding
scrutiny
collateral
attack
federal
cf
robbins
cal
state
procedures
limiting
habeas
means
protecting
integrity
appeal
habeas
corpus
process
rather
device
insulating
judgments
federal
review
emphasis
deleted
time
requiring
statement
reasons
undercut
state
practices
designed
preserve
integrity
tradition
issuance
summary
dispositions
many
collateral
attack
cases
enable
state
judiciary
concentrate
resources
cases
opinions
needed
see
brief
california
attorneys
criminal
justice
et
al
amici
curiae
noting
california
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