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9th U.S. Circuit Court of Appeals

May 31, 2023

Divided circuit panel overturns state death sentence

Circuit Judges Kim McLane Wardlaw, Paul J. Watford and Eric D. Miller unanimously rejected the petitioner’s challenges to his murder conviction but affirmed now-retired U.S. district judge Andrew J. Guilford’s grant of habeas relief for the sentencing phase, based on a claim of ineffective counsel.

In a rare decision, a divided panel of the 9th U.S. Circuit Court of Appeals overturned a death sentence which was affirmed by the California Supreme Court 23 years ago.

Petitioner Tauno Waidla, convicted of participating in the hammer murder of a woman who had given him shelter when he emigrated to America, claimed his counsel was ineffective during the penalty and guilt phase of his trial. Tauno Waidla v. Ron Davis, 18-99001, (9th Cir.,...

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