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Ninth Circuit· 2/27/2012

Robert Charles Towery v Charles Ryan

Citations

  • 673 F.3d 933
  • 2012 WL 614677
  • 2012 U.S. App. LEXIS 3929

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that counsel’s failure to raise a colorable habeas claim did not amount to “severance of [the] attorney-client relationship” because the record did not suggest that counsel “permitted any interest or consideration to interfere with his loyalty to [the petitioner]”
  • explaining that the Eighth Amendment prohibits “treating the evidence as irrelevant or nonmitigating as a matter of law”
  • explaining that the Eighth Amendment prohibits “treating the evidence as irrelevant or nonmitigating as a matter of law”
  • finding no abandonment where, even assuming counsel may have performed deficiently, he \did not refuse to represent [petitioner] or renounce the attorney-client relationship\
  • finding “no authority for the proposition that counsel’s failure to raise a colorable habeas claim ... severs the attorney-client relationship,” and concluding on similar facts that petitioner’s counsel was, at most, “negligent in failing to raise a colorable ... claim”
  • finding “no authority for the proposition that counsel’s failure to raise a colorable habeas claim . . . severs the attorney-client relationship,” and concluding on similar facts that petitioner’s counsel was, at most, “negligent in failing to raise a colorable . . . claim”

Source: CourtListener parenthetical corpus (CC0).

Judges: Schroeder, Fisher, Smith

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named Robert Charles Towery v Charles Ryan

1 other CourtListener record shares this case name.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.