In a capital habeas matter, the denial of petitioner’s habeas petition is affirmed where: 1) petitioner was not prejudiced by the trial court’s decision to shackle him during the guilt phase of the trial; 2) counsel’s thorough mitigation investigation was more than reasonable; 3) further evidence about petitioner’s childhood and gang activity would have suggested violent propensities at odds with counsel’s goal of portraying petitioner as less culpable; and 4) the proposed additional evidence was mostly cumulative of the information already presented at the penalty phase trial.
Read Cox v. Ayers, No. 07-99010
Appellate Information
Argued and Submitted February 5, 2009
Filed December 10, 2009
Judges
Opinion by Judge Graber
Counsel
For Appellant:
Jeannie R. Sternberg, Habeas Corpus Resource Center, San Francisco, CA
For Appellee:
Jamie L. Fuster, Deputy Attorney General, State of California, Los Angeles, CA
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