Block on Trump's Asylum Ban Upheld by Supreme Court
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.
Argued and Submitted February 5, 2009
Filed December 10, 2009
Opinion by Judge Graber
Jamie L. Fuster, Deputy Attorney General, State of California, Los Angeles, CA