95 Cal. Daily Op. Serv. 7193, 95 Daily Journal D.A.R. 12,284 Benjamin H. Harris, Iii, by and Through Judith H. Ramseyer, Guardian Ad Litem v. Tana Wood, Superintendent, Washington State Penitentiary

64 F.3d 1432 95 Cal. Daily Op. Serv. 7193 , 95 Daily Journal D.A.R. 12,284 Benjamin H. HARRIS, III, By and Through Judith H. RAMSEYER, Guardian ad Litem, Petitioner-Appellee, v. Tana WOOD, Superintendent, Washington State Penitentiary, Respondent-Appellant. No. 94-99002. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 7, 1995. Decided Sept. 12, 1995. Thorton Wilson, Thomas J. Young, Assistant Attorneys General, Olympia, WA, for respondent-appellant. Allen M. Ressler, Kany M. Levine, Browne & Ressler, Seattle, WA, for petitioner-appellee. Appeal from the United States District Court for the Western District of Washington. Before: WRIGHT, BEEZER and HAWKINS, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 Because Benjamin Harris was deprived of his Sixth Amendment right to effective assistance of counsel, we hold that the district court properly granted his petition for a writ of habeas corpus. His defense counsel's many deficiencies cumulatively prejudiced the defense. 2 The court granted Benjamin Harris's petition for a writ of habeas corpus for relief from his conviction for aggravated first degree murder and death sentence. The state appeals only…