Moore v. Czerniak, No. 04-15713

In a murder prosecution, denial of petitioner's habeas petition is reversed where defense counsel's failure to move to suppress petitioner's confession constituted ineffective assistance because counsel's stated reasons for not filing the motion were patently erroneous, and because the detailed, taped confession petitioner gave to the police was highly damaging.

Read Moore v. Czerniak, No. 04-15713

Appellate Information

Argued and Submitted March 10, 2005

Filed July 28, 2009

Judges

Opinion by Judge Reinhardt

Concurrence by Judge Berzon

Dissents by Judges Bybee, Callahan and Bea

Counsel

For Appellant:

Barbara L. Creel, Office of the Federal Public Defender, Portland, OR

For Appellee:

Hardy Myers, Attorney General for the State of Oregon, Salem, OR

Mary H. Williams, Solicitor General, Salem, OR