Legal Opinion

Terry Bemore v. Kevin Chappell

Court of Appeals for the Ninth Circuit

Decided June 9, 2015No. 12-99005PublishedCited by 55 opinions

1Opinion of the Court

OPINION

BERZON, Circuit Judge:

Terry Bemore was sentenced to death for the murder of Kenneth Muck, a employee at Aztec Liquor in San Diego. His co-defendant, Keith Cosby, was tried by a separate jury and sentenced to twenty-five years to life for the same crime. Bemore seeks habeas relief on the grounds that his trial lawyers were constitutionally ineffective for: presenting a flawed alibi defense; failing to challenge the torture special circumstance; presenting no evidence of mental impairments at the guilt phase or penalty phase; and creating a conflict of interest by diverting state-paid…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Brady v. MarylandSupreme Court of the United States · 1963
  3. Williams v. TaylorSupreme Court of the United States · 2000
  4. Harrington v. RichterSupreme Court of the United States · 2011
  5. Cullen v. PinholsterSupreme Court of the United States · 2011

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3Cited by55 opinions

  1. Cary Williams v. Timothy FilsonCourt of Appeals for the Ninth Circuit · 2018
  2. Murphy v. DavisCourt of Appeals for the Fifth Circuit · 2018
  3. Damion Hayes v. Secretary, Florida Department of CorrectionsCourt of Appeals for the Eleventh Circuit · 2021
  4. Reynaldo Ayala v. Kevin ChappellCourt of Appeals for the Ninth Circuit · 2016
  5. Sarah Weeden v. Deborah JohnsonCourt of Appeals for the Ninth Circuit · 2017

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