Legal Opinion · Dissent

Sarah Weeden v. Deborah Johnson

Court of Appeals for the Ninth Circuit

Decided April 21, 2017No. 14-17366Published

1DissentCallahan, Circuit Judge

There is no denying that this case is tragic: a young man’s life was stolen from him, a family was deprived of a son, and four young people made decisions that will dramatically alter the course of their lives. However, this tragedy is no excuse for making bad law, which is exactly what the majority opinion does. In its quest to free a 14-year-old girl from the consequences of a felony murder conviction, the majority disregards the substantial deference federal courts owe to both trial counsel and state courts, and establishes, in essence, a per se rule regarding experts that will call into…

2Cases cited16 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Harrington v. RichterSupreme Court of the United States · 2011
  3. Knowles v. MirzayanceSupreme Court of the United States · 2009
  4. White v. WoodallSupreme Court of the United States · 2014
  5. Woods v. DonaldSupreme Court of the United States · 2015

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