Bloom

Bloom v. Calderon

Good Law
132 F.3d 1267·97 Daily Journal DAR 15426·1997 WL 786920·1997 U.S. App. LEXIS 35988·97 Cal. Daily Op. Serv. 9655
United States Court of Appeals for the Ninth CircuitDecember 24, 1997No. 95-99005California4,999 words

Opinion

Lead Opinion

Thompson, J.

I

OVERVIEW

A jury convicted Robert Maurice Bloom of three counts of first degree murder and im *1269 posed the death penalty. The state trial court declined to modify the jury’s verdict and sentenced Bloom to death. After exhausting his state court remedies, Bloom filed his first federal habeas corpus petition in the district court. The district court denied the petition and Bloom appeals.

Bloom argues an actual conflict of interest adversely affected his state trial 'counsel’s representation, he received ineffective assistance of counsel during the guilt phase of his trial, he is entitled to a new penalty phase trial based on his counsel’s alleged ineffective assistance during the guilt phase, and his jury considered extrinsic evidence during their deliberations in the penalty phase.

We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we reverse. We conclude Bloom received constitutionally ineffective assistance of counsel during the guilt phase of his trial. We do not reach his other arguments.

II

FACTS

This is yet another ease of severe childhood abuse ending in tragedy. A jury found Bloom guilty of shooting and killing his father (Robert Bloom, Sr.), 1 his…

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