Legal Opinion
Benjamin Wai Silva v. Jeanne S. Woodford, Warden, San Quentin State Prison
Court of Appeals for the Ninth Circuit
Decided February 22, 2002No. 99-99009PublishedCited by 274 opinions
1Opinion of the Court
OPINION
BETTY B. FLETCHER, Circuit Judge.
Benjamin Wai Silva, who is on death row in California for the murder of Kevin Thorpe in 1981, appeals from the denial of his petition for a writ of habeas corpus. Because we find that Silva’s counsel was constitutionally ineffective in failing to investigate and present potentially compelling mitigating evidence to the jury, we grant the writ as to the penalty phase, vacate his death sentence, and remand for a new sentencing hearing. In addition, we remand for an evidentiary hearing into Silva’s Brady claim that the prosecution failed to disclose an…
2Cases cited61 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Slack v. McDanielSupreme Court of the United States · 2000
- Brady v. MarylandSupreme Court of the United States · 1963
- Williams v. TaylorSupreme Court of the United States · 2000
- United States v. BagleySupreme Court of the United States · 1985
56 more not listed; retrieve them via the Exa API.
3Cited by274 opinions
- Leif Taylor v. Thomas M. Maddox, Interim Director George Galaza Cal TerhuneCourt of Appeals for the Ninth Circuit · 2004
- Larry David Davis v. Jeanne S. Woodford, Warden, of California State Prison at San QuentinCourt of Appeals for the Ninth Circuit · 2004
- Samuel Lopez v. Janice BrewerCourt of Appeals for the Ninth Circuit · 2012
- Robert Murray v. Dora SchriroCourt of Appeals for the Ninth Circuit · 2014
- Stanley Williams v. Jeanne S. Woodford, Warden, California State Prison, San QuentinCourt of Appeals for the Ninth Circuit · 2004
269 more not listed; retrieve them via the Exa API.