In a capital habeas matter, the denial of petitioner’s petition is reversed where petitioner was denied constitutionally effective assistance of counsel at sentencing because counsel failed to: 1) secure the appointment of a mental health expert; 2) timely move for neurological and neuropsychological testing; and 3) present additional mitigation witnesses and evidence.

Read Jones v. Ryan, No. 07-99000

Appellate Information

Argued June 11, 2009

Submitted July 6, 2009

Judges

Opinion by Judge Thomas

Counsel

For Petitioner:

Jon M. Sands, Leticia Marquez and Sylvia J. Lett, Office of the Public Defender, Tucson, AZ

For Respondents:

Terry Goddard, Kent E. Cattani, Jeffrey A. Zick, Office of the Attorney General, Phoenix, AZ

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