Samuel Marquez v. Jo Gentry

I concur in part and dissent in part. I agree with the majority that the district court did not err in denying Petitioner’s ineffective assistance of .counsel claim, but I part ways with the majority with respect to the jury instruction issue.

Every criminal defendant has the right to a meaningful opportunity to present a complete defense. California v. Trombetta, 467 U.S. 479, 485, 104 S.Ct. 2528, 81 L.Ed.2d 413 (1984). As we explained in Bradley v. Duncan, 315 F.3d 1091, 1099 (9th Cir. 2002), that right “would be empty if it did not entail the further right to an instruction that allowed the…