Opinion

Anthony Gugliotta v. Silvia Garcia

  • 630 F. App'x 651
Court
Court of Appeals for the Ninth Circuit
Filed
Oct 20, 2015
Status
Unpublished
Author
Wardlaw
On the bench
Pregerson, Noonan, Wardlaw
Nature of suit
Habeas
Cited by
0 cases
Authority
More cited than 12.0%

The opinion

WARDLAW, Circuit Judge,

dissenting:

I respectfully and reluctantly dissent. The California Court of Appeal’s denial of Gugliotta’s claim of ineffective assistance of counsel for failure to present a mental health defense is due “double deference.” *655 See Harrington v. Richter, 562 U.S. 86, 105 , 131 S.Ct. 770 , 178 L.Ed.2d 624 (2011); Knowles v. Mirzayance, 556 U.S. 111, 123 , 129 S.Ct. 1411 , 173 L.Ed.2d 251 (2009). See generally Stephen R. Reinhardt, The Demise of Habeas Corpus and the Rise of Qualified Immunity: The Court’s Ever Increasing Limitations on the Development and Enforcement of Constitutional Rights and Some Particularly Unfortunate Consequences, 113 U. Mich. L.Rev. 1219 (2015). Giving the California courts the deference that is “due” according to the Supreme Court, there are “arguments or theories [that] ... could have supported” the Court of Appeal’s conclusion that either counsel’s performance was not deficient or that any deficient performance was not prejudicial. Harrington, 562 U.S. at 102 , 131 S.Ct. 770 . I would therefore affirm the district courts denial of the writ.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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