In this Stankewitz v. Wong, No. 10-99001 opinion,
A federal appeals court Monday overturned the death sentence of California’s longest serving death row inmate on the grounds that his defense lawyer failed to investigate and present mitigating evidence during the penalty phase of his murder trial.
A three-judge panel of the 9th Circuit U.S. Court of Appeals decided 2-1 that Douglas R. Stankewitz, convicted of murdering Theresa Greybeal in Fresno in 1978, should be re-sentenced to life without possibility of parole unless prosecutors retry the penalty phase of his murder case.
LA Times, 10/29/12. The opinion affirms EDCA Chief District Judge Ishii's grant of habeas relief with respect to the death sentence. Ninth Circuit Judges Fisher and Bybee in the majority with Judge O'Scannlain dissenting. Congratulations to EDCA AFD Harry Simon for the hard-fought win.