Larson
Black v. Larson
Opinion
Lead Opinion
MEMORANDUM *
Petitioner-Appellant Michael Black appeals from the district court’s denial of his petition for a writ of habeas corpus. Black contends that his trial counsel provided ineffective assistance of counsel when she failed to interview the only two eyewitnesses to the events that led to his conviction for assault with a deadly weapon.
We reverse the district court’s denial of the writ. We conclude that the failure to interview these witnesses falls below an objective standard of reasonable representation, and that it is reasonably probable that the jury would have reached a different verdict had they heard the witnesses’ testimony. We hold that, under the Anti-terrorism and Effective Death Penalty Act, Pub.L. No. 104-132, 110 Stat. 1214 (April 24, 1996) (“AEDPA”), the state court unreasonably applied the standard set forth in Strickland v. Washington, 466 U.S. 668, 684-95 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), when it denied Black’s ineffective assistance of counsel claim. See Williams v. Taylor, 529 U.S. 362, 390-91 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000); Van Tran v. Lindsey, 212 F.3d 1143, 1152-54 (9th Cir.2000).