Carl Anders Eckstrom v. Allan A. Stagner, Superintendent Attorney General for the State of California

948 F.2d 1293 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Carl Anders ECKSTROM, Petitioner-Appellant, v. Allan A. STAGNER, Superintendent; Attorney General for the State of California, Respondents-Appellees. No. 90-55726. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 7, 1991. Decided Dec. 3, 1991. Before HUG, WILLIAM A. NORRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 Carl Anders Eckstrom, a California state prisoner, appeals the district court's denial of his habeas corpus petition, 28 U.S.C. § 2254 , challenging his murder convictions in Orange County. We remand to the district court with instructions to conduct an evidentiary hearing on the ineffective assistance of counsel claim. 3 Eckstrom contends he was denied effective assistance of counsel because his trial counsel "committed a key error" when he stipulated that Dr. Pollack, a psychiatrist who was scheduled to testify for the defense in support of Eckstrom's diminished mental…