In re Hill

Following a jury trial, Philip Hill was convicted of 23 counts of sexual offenses committed against two minors. In this petition for writ of habeas corpus (which we consider with his appeal on a different ground), Hill contends his convictions must be reversed because he was denied his constitutional right to effective assistance of counsel. He asserts his trial counsel did not properly investigate and prepare for trial: 1 his trial counsel (1) did not request and obtain copies of certain photographs before trial and (2) did not make reasonable efforts to retain an independent medical expert to assist in her preparation for trial and/or to testify at trial and contradict the testimony of the prosecution’s medical expert. Because we conclude Hill’s convictions must be reversed on the ground he was denied his constitutional right to effective assistance of counsel, we grant the relief requested in his petition for writ of habeas corpus.

FACTUAL AND PROCEDURAL BACKGROUND

On January 23, 2009, an information was filed charging Hill with nine counts of committing a lewd act against C.W., a child under 14 years of age (Pen. Code, § 288, subd. (a)), 3 five counts of…