Eric Mann v. Charles Ryan

I agree with the majority and the dissent that petitioner did not meet his burden of establishing a meritorious guilt-phase claim. As for petitioner’s sentencing-phase claim, I fully join the dissent’s Part IIA analysis and conclude that Mann is entitled to de novo review on his claim of ineffective assistance of counsel. The dissent meticulously traces the post-conviction court’s treatment of Mann’s mitigating evidence and conclusively establishes that the court did indeed apply the rule from State v. Hoskins, 199 Ariz. 127, 14 P.3d 997 (2000) (en banc), a decision published by the Arizona…