No. 23-5277

Sergio Ochoa v. Oak Smith, Acting Warden

Lower Court: Ninth Circuit
Docketed: 2023-08-03
Status: Denied
Type: IFP
IFP
Tags: background-investigation capital-punishment capital-sentencing ineffective-assistance ineffective-assistance-of-counsel mitigating-evidence neuropsychological-deficits post-traumatic-stress post-traumatic-stress-disorder strickland-v-washington williams-v-taylor
Latest Conference: 2023-11-03
Question Presented (from Petition)

In Ochoa v. Davis, the Ninth Circuit endorsed trial counsel's presentation of a "family sympathy" defense at the penalty phase of Sergio Ochoa's capital trial, even though counsel failed to conduct a thorough investigation of Ochoa's background before settling on this strategy. A thorough investigation of Ochoa's background and mental health would have revealed several categories of mitigating evidence that his jury should have heard: Ochoa has since been diagnosed with neuropsychological deficits and post-traumatic stress disorder, and further investigation revealed that he suffered from serious neglect and malnourishment in his earliest years. Does the Ninth Circuit's decision in Ochoa create a clear conflict with this Court's precedent in Williams v. Taylor, 529 U.S. 362 (2000), Wiggins v. Smith, 539 U.S. 510 (2003), and Rompilla v. Beard, 545 U.S. 374 (2005), all of which compel that counsel conduct a thorough investigation of a capital defendant's background before settling on a penalty-phase strategy?

Question Presented (AI Summary)

Whether the Ninth Circuit's decision in Ochoa v. Davis conflicts with Supreme Court precedent in Williams v. Taylor, Wiggins v. Smith, and Rompilla v. Beard regarding the requirement for counsel to conduct a thorough investigation of a capital defendant's background before settling on a penalty-phase strategy

Docket Entries

2023-11-06
Petition DENIED.
2023-10-19
DISTRIBUTED for Conference of 11/3/2023.
2023-10-16
Reply of petitioner Sergio Ochoa filed.
2023-10-05
Brief of respondent Oak Smith, Acting Warden in opposition filed.
2023-08-21
Motion to extend the time to file a response is granted and the time is extended to and including October 5, 2023.
2023-08-17
Motion to extend the time to file a response from September 5, 2023 to October 5, 2023, submitted to The Clerk.
2023-08-01
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 5, 2023)
2023-05-25
Application (22A1017) granted by Justice Kagan extending the time to file until August 4, 2023.
2023-05-19
Application (22A1017) to extend the time to file a petition for a writ of certiorari from June 5, 2023 to August 4, 2023, submitted to Justice Kagan.

Attorneys

Oak Smith, et al.
Analee Jeanne Nations BrodieOffice of the Attorney General, California Departm, Respondent
Sergio Ochoa
Claudia Pamela GómezOffice of the Federal Public Defender, Petitioner