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Criminal Procedure keyed to Kamisar
Harrington v. Richter
Citation:
562 U.S. 86, 131 S.Ct. 770, 178 L.Ed.2d 624 (2011)Facts
Richter went to trial for murder, attempted murder, burglary, and robbery. The jury found Richter guilty on all charges, and he was sentenced to life without parole. Richter later petitioned the California Supreme Court for a writ of habeas corpus. He argued he received ineffective assistance of counsel because his lawyer failed to present expert testimony on serology, pathology, and blood spatter, which would have bolstered his account of the night in question. The California Supreme Court denied Richter’s petition. Richter then filed a petition for habeas corpus in the United States District Court, which also denied his petition. The Court of Appeals for the Ninth Circuit held Richter’s trial counsel was deficient for failing to consult experts on blood evidence in developing a trial strategy and in preparing to rebut expert evidence the prosecution might offer.
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