In a murder prosecution, denial of petitioner’s habeas petition is reversed where defense counsel’s failure to move to suppress petitioner’s confession constituted ineffective assistance because counsel’s stated reasons for not filing the motion were patently erroneous, and because the detailed, taped confession petitioner gave to the police was highly damaging.
Read Moore v. Czerniak, No. 04-15713
Appellate Information
Argued and Submitted March 10, 2005
Filed July 28, 2009
Judges
Opinion by Judge Reinhardt
Concurrence by Judge Berzon
Dissents by Judges Bybee, Callahan and Bea
Counsel
For Appellant:
Barbara L. Creel, Office of the Federal Public Defender, Portland, OR
For Appellee:
Hardy Myers, Attorney General for the State of Oregon, Salem, OR
Mary H. Williams, Solicitor General, Salem, OR
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