In a capital habeas matter, the denial of petitioner's petition is affirmed as to the guilt phase of petitioner's trial where: 1) the Antiterrorism and Effective Death Penalty Act (AEDPA) applied to the petition because the district court had dismissed petitioner's pre-AEDPA petition and 2) an alleged secret deal between the prosecution and a witness was not material; but reversed as to the penalty phase where counsel failed to call a sufficient number of mitigating witnesses and to pursue evidence of another perpetrator's primary responsibility for the crime.
Argued and Submitted June 3, 2009
Filed October 2, 2009
Opinion by Judge W. Fletcher
Jose A. Cardenas, Lewis & Roca, Phoenix, AZ
Denise Irene Young, Tucson, AZ