Cody Mix v. Mike Mahoney

Good Law
86 F.3d 1162·1996 WL 272583·1996 U.S. App. LEXIS 42026
United States Court of Appeals for the Ninth CircuitMay 22, 199695-35885California1,062 words

Opinion

Opinion

86 F.3d 1162 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Cody MIX, Petitioner-Appellant, v. Mike MAHONEY, Respondent-Appellee. No. 95-35885. United States Court of Appeals, Ninth Circuit. Submitted May 6, 1996. * Decided May 22, 1996. Before: LAY ** , WRIGHT and LEAVY, Circuit Judges. 1 MEMORANDUM *** 2 Cody Mix appeals the district court's judgment denying his habeas corpus petition. After reviewing the record de novo, we are satisfied that the court's denial of relief was correct. We affirm. 1. Ineffective Assistance 3 This assertion addresses trial counsel's election to focus on the defense of self-defense, not mental illness. Before trial, at counsel's request, Mix was evaluated at the state hospital. The examining physicians cast doubt on earlier diagnoses of manic depression. They also said that Mix's description of his actions at the time of the crime was "not consistent with the sort of behavior one would expect in a manic episode." Counsel accordingly argued…

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