Sarah Weeden v. Deborah Johnson

Dissent by Judge CALLAHAN

OPINION

HURWITZ, Circuit Judge:

Sarah Weeden was convicted in California state court of felony murder and sentenced to twenty-nine years to life in prison for her role in a bungled robbery that occurred when she was fourteen. She was not present at the scene of the crime; the prosecution’s case rested on evidence of her role in planning and facilitating the robbery.

Weeden’s defense at trial consisted entirely of four character witnesses. Trial counsel did not seek an evaluation by a psychologist or present expert testimony about the effect of Weeden’s youth on her…