William v. Luna v. Steven Cambra, Jr., Warden Daniel E. Lungren, Attorney General

Petitioner William Luna (“Luna”) appeals the District Court’s denial of his petition for a writ of habeas corpus alleging ineffective assistance of counsel at his state trial for attempted murder, assault with a deadly weapon, and robbery. The District Court found that trial counsel’s performance was deficient due to his failure to interview and subpoena two alibi witnesses and one exonerating witness, but concluded that his error was not prejudicial. We reverse and remand.

I.

A. Factual Background and Procedural History

At approximately 3 a.m., May 13, 1988, Estaban Leal (“Leal”) was robbed while walking through Mountain View Park in El Monte, California. He was approached by two men, one of whom demanded his money and the other hit him in the face. Leal fell to the ground and was stabbed eleven times in the back. After regaining consciousness, he discovered that his watch, wallet, and cash were missing.

Leal was admitted to the intensive care unit (“ICU”) at the hospital. Late that afternoon, two detectives contacted him there and showed him two folders, each containing six photographs of possible suspects. Leal identified the photographs of Luna and co-defendant…