Douglas Ray Stankewitz v. Jeanne S. Woodford, Warden, San Quentin State Prison

Good Law
365 F.3d 706·2004 WL 743717·2004 U.S. App. LEXIS 6794
United States Court of Appeals for the Ninth CircuitApril 8, 200401-99022California9,764 words

Opinion

Opinion

Fisher, J.

Douglas' Stankewitz is on death row in California, convicted of murdering a young woman named Theresa Greybéal in 1978 by suddenly shooting her in the head after he and his friends had stolen her car and driven around for awhile with her as a captive. Stankewitz in this habeas corpus appeal seeks' relief on numerous grounds challenging both the guilt and penalty phases of his trial. We reject most of these claims as explained in this opinion and in a separate memorandum disposition. We do find potential merit, however, in his claim that his counsel was unconstitutionally ineffective for failing to investigate and present substantial mitigating evidence in the penalty phase of Stankewitz’s trial.

Stankewitz, who is of Native .American heritage, was born into a life of abuse and deprivation. After being removed from his family’s home at age six due to a severe beating by his mother, Stankewitz spent.most of the rest of his youth in one state placement, after another. During this time, he says he was physically and sexually abused, heavily medicated and otherwise gravely mistreated. Given the callous and impulsive manner in which Stankewitz shot his defenseless and cooperative…

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