Legal Opinion
Robert Douglas Smith v. Terry Stewart, Director, Arizona Department of Corrections
Court of Appeals for the Ninth Circuit
Decided March 6, 2001No. 96-99025, 96-99026PublishedCited by 27 opinions
1Opinion of the Court
FERGUSON, Circuit Judge:
Robert Douglas Smith (“Smith”) appeals from the district court’s dismissal of his habeas corpus petition on the ground of procedural default. He claims that his trial counsel failed to investigate his mental condition or to present adequate mitigating testimony during the sentencing phase of his trial, despite clear indications at the time of the presence of a mental disorder. We reverse the district court’s ruling that federal habeas review is barred. Because Smith has made a color-able claim to relief, we order an evidentia-ry hearing in the district court.
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In March…
2Cases cited34 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Williams v. TaylorSupreme Court of the United States · 2000
- Coleman v. ThompsonSupreme Court of the United States · 1991
- Ake v. OklahomaSupreme Court of the United States · 1985
- Ylst v. NunnemakerSupreme Court of the United States · 1991
29 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Rodosvaldo Pozo v. Gary McCaughtry Randall Gerritson, and David HautamakiCourt of Appeals for the Seventh Circuit · 2002
- Gary Paul Cassett v. Terry L. Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2005
- 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
- Stewart v. SmithSupreme Court of the United States · 2002
- Michael Wayne Jennings v. Jeanne Woodford, Warden of the California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2002
22 more not listed; retrieve them via the Exa API.