Douglas Stankewitz v. Robert Wong

Opinion by Judge FISHER; Dissent by Judge O’SCANNLAIN.

OPINION

FISHER, Circuit Judge:

We consider whether Douglas R. Stankewitz received ineffective assistance of counsel at the penalty phase of his capital murder trial. In a prior appeal in this matter, we held that Stankewitz’s allega*1165tions that his counsel failed to investigate and present readily available mitigation evidence — including evidence of his deprived and abusive upbringing, potential mental illness, long history of substance abuse and use of substantial quantities of drugs leading up to the murder — if true, would establish that…