Cox v. Ayers, No. 07-99010 - U.S. Ninth Circuit
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Cox v. Ayers, No. 07-99010

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