Langford

Langford v. Day

Good Law
102 F.3d 1551·96 Daily Journal DAR 15411·1996 WL 733984·1996 U.S. App. LEXIS 33461·96 Cal. Daily Op. Serv. 9368
United States Court of Appeals for the Ninth CircuitDecember 24, 1996No. 95-99001California7,633 words

Opinion

Lead Opinion

Canby, J.

Terry Allen Langford, a Montana death-row inmate, appeals the denial of his habeas corpus petition under 28 U.S.C. § 2254 and the grant of summary judgment for respondents. Langford confessed to two murders, pleaded guilty, did not present mitigating evidence at the sentencing hearing, and asked for the death penalty. Soon after being sentenced to death, however, Langford obtained new counsel and moved to withdraw his guilty pleas. The Montana state courts denied his motion to withdraw his pleas and upheld his convictions and sentences.

On appeal, Langford argues that he received ineffective assistance of counsel from his first attorney, who counseled him through the guilty plea and sentencing phases of this case. He also argues that the Montana Supreme Court failed to consider and give effect to mitigating evidence at sentencing, that the Montana death penalty statutes are unconstitutional because of the manner in which they were enacted, and that death by hanging is a cruel and unusual method of execution.

We have jurisdiction over Langford’s claims under 28 U.S.C. § 2253 . We affirm.

I. BACKGROUND

In July 1988, Montana authorities found the bodies of Edward and Celene…

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