9th Cir.
09-99022
The court of appeals affirmed in part and vacated in part a district court’s denial of a federal habeas petition and remanded the action for further proceedings. The court held in pertinent part that a petitioner might have a meritorious argument for consideration of a procedurally defaulted ineffective assistance of counsel claim under recent Supreme Court authority where his counsel failed to object to the unlawful admission of his confession during resentencing in his capital case.
