Legal Opinion
Fernando Eros Caro v. Arthur Calderon, Warden
Court of Appeals for the Ninth Circuit
Decided January 11, 1999No. 96-99019PublishedCited by 138 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Fernando Caro appeals the District Court’s dismissal of his writ of habeas corpus pursuant to 28 U.S.C. § 2254.1 In this opinion, we consider whether Caro was entitled to an evidentiary hearing on his claim that counsel’s failure to investigate the combined effects of Caro’s extraordinary exposure to neurotoxicants, neurological impairments, and personal background constituted ineffective assistance of counsel at the penalty phase trial. We conclude that Caro is entitled to an evidentiary hearing and remand to the district court for further proceedings.
FACTUAL AND…
2Cases cited19 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Townsend v. SainSupreme Court of the United States · 1963
- Lindh v. MurphySupreme Court of the United States · 1997
- Lockhart v. FretwellSupreme Court of the United States · 1993
- Penry v. LynaughSupreme Court of the United States · 1989
14 more not listed; retrieve them via the Exa API.
3Cited by138 opinions
- Donald Eugene Lambert v. James Blodgett, Donald Eugene Lambert v. James BlodgettCourt of Appeals for the Ninth Circuit · 2004
- Thaddaeus Louis Turner v. Arthur Calderon, Warden, San Quentin State Prison Jeanne Woodford, Warden, as Warden of San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Benjamin Wai Silva v. Jeanne S. Woodford, Warden, San Quentin State PrisonCourt of Appeals for the Ninth Circuit · 2002
- Wayne Dale Schell v. Larry Witek, Warden Bill Lockyer, Attorney General, State of California, 1Court of Appeals for the Ninth Circuit · 2000
- Fred Berre Douglas v. Jeanne S. Woodford, Warden, of Rswl California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2003
133 more not listed; retrieve them via the Exa API.