Libberton v. Ryan, No. 07-99024

In a capital habeas matter, the denial of petitioner's petition is affirmed as to the guilt phase of petitioner's trial where: 1) the Antiterrorism and Effective Death Penalty Act (AEDPA) applied to the petition because the district court had dismissed petitioner's pre-AEDPA petition and 2) an alleged secret deal between the prosecution and a witness was not material; but reversed as to the penalty phase where counsel failed to call a sufficient number of mitigating witnesses and to pursue evidence of another perpetrator's primary responsibility for the crime.

Read Libberton v. Ryan, No. 07-99024

Appellate Information

Argued and Submitted June 3, 2009

Filed October 2, 2009

Judges

Opinion by Judge W. Fletcher

Counsel

For Petitioner:

Jose A. Cardenas, Lewis & Roca, Phoenix, AZ

Denise Irene Young, Tucson, AZ

For Respondent:

Robert J. Gorman, Jr., Kent E. Cattani, Office of the Arizona Attorney General, Tucson, AZ