Turner

Turner v. Duncan

Good Law
158 F.3d 449·1998 WL 696298·1998 U.S. App. LEXIS 24889·98 Cal. Daily Op. Serv. 7692
United States Court of Appeals for the Ninth CircuitOctober 8, 1998No. 97-56098California5,676 words

Opinion

Lead Opinion

Reinhardt, J.

Billy Carl Turner, a defendant facing first degree murder charges, paid an attorney $1000 to represent him at trial. In return, his lawyer delivered one of the most minimal efforts we have seen in a case of this magnitude. Turner’s attorney failed to take even the most basic steps to investigate and prepare Turner’s defense, although evidence relevant to his mental state was readily available and could have been discovered simply by reading the case file. This deficient representation deprived Turner of the best evidence that he could have presented to corroborate his testimony that he had killed the victim, Arthur Dennis, while in a state of anger and fear due to months of severe physical and sexual abuse. We therefore reverse the district court’s denial of the ha-beas petition and remand for an evidentiary hearing on the question of prejudice.

*452 BACKGROUND

At the time of the murder, Turner lived in a boarding house with five other individuals, including Dennis, who had moved into the house after his release from prison in early 1981. Turner’s only previous criminal convictions were for driving under the influence.

On the evening of September 18, 1981, Turner — carrying a…

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