Hendricks

A California jury convicted Edgar M. Hendricks of two counts of first degree murder with use of a firearm; one count of robbery with use of a firearm; one count of burglary with use of a firearm; and one count of grand theft. The jury in the penalty phase found multiple murders and felony-murder special circumstances and returned a death verdict. After exhausting his state appeals, Hendricks sought habeas relief under 28 U.S.C. § 2254 , claiming that he received ineffective assistance of counsel in both the guilt and penalty phases of his state trial. 1 The district court granted the petition as to the penalty phase and denied the petition as to the guilt phase. The challenged order vacated the death sentence, leaving the state the option to retry the penalty phase. Hendricks appeals the denial of his petition challenging the guilt phase, arguing primarily that his counsel failed to investigate the possibility of a mental defense adequately. The state cross-appeals the order finding the pen *1036 alty phase constitutionally defective, contending that trial counsel presented enough mitigating evidence to pass constitutional muster.

Because trial counsel hired two mental health…