Thomas v. Chappell
2012 U.S. App. LEXIS 9505
9th Cir.2012Background
- Murder of Greg Kniffin and Mary Gioia in Rainbow Village, San Francisco Bay area, 1985; petitioner Ralph Thomas tried for capital murders, convicted, and sentenced to death; defense highlighted lack of motive and absence of direct evidence; Vivian Cercy grand-jury testimony used at trial to support third-party killer theory; California Supreme Court held trial counsel deficient but prejudice uncertain; district court granted habeas relief, Ninth Circuit ultimately affirmed
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial counsel's investigation was deficient under Strickland | Thomas argues defense failed to investigate Vivian Cercy leads | Chaffee conducted some investigation; strategic choices warranted | Yes, deficient investigation by counsel |
| Whether there is a reasonable probability of a different outcome with adequate investigation | Additional witnesses would create reasonable doubt | Evidence remained strong; testimony inconclusive | Yes, prejudice established; writ affirmed |
| AEDPA applicability given pre- vs post-enactment timing | AEDPA should apply due to amended petition | AEDPA not applicable because petition filed pre-AEDPA | Pre-AEDPA standards apply; AEDPA inapplicable |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (1984) (two-prong test for ineffective assistance of counsel)
- Lindh v. Murphy, 521 U.S. 320 (1997) (AEDPA applicability basics for pending cases)
- Woodford v. Garceau, 538 U.S. 202 (2003) (AEDPA timing and pending cases guidance)
- Sivak v. Hardison, 658 F.3d 898 (2011) (pre-AEDPA standards govern where petition filed pre-AEDPA)