Greenway v. Ryan

The Ninth Circuit previously affirmed the district court's denial of petitioner's claims of ineffective assistance of counsel at sentencing, but the panel remanded for consideration of his claims of ineffective assistance at trial and on direct appeal. After the district court denied these claims, petitioner sought review from the Ninth Circuit. In this appeal, the Ninth Circuit held that it need not consider petitioner's argument that the district court erred in determining that some claims were outside the scope of the Ninth Circuit's remand, because that determination does not affect the scope of the issues before the panel here; counsel was not ineffective for failing to adequately present an overall defense theory; counsel need not explore the possibility of a mental incapacity defense of impulsivity where such a defense would have been counterproductive; and petitioner's claim that trial counsel was ineffective during voir dire in failing to discover that a juror had been the victim of a violent crime that would have disqualified that juror was also without merit. The panel denied a certificate of appealability as to all other claims and affirmed the district court's judgment. View "Greenway v. Ryan" on Justia Law