Tauno Waidla v. Ron Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

TAUNO WAIDLA, Nos. 18-99001 18-99002 Petitioner-Appellee/ Cross-Appellant, D.C. No. 2:01-cv-00650- v. AG

RONALD DAVIS, Warden,

OPINION

Respondent-Appellant/ Cross-Appellee.

Appeals from the United States District Court for the Central District of California Andrew J. Guilford, District Judge, Presiding

Argued and Submitted March 1, 2023 Pasadena, California

Filed May 23, 2023

Before: Kim McLane Wardlaw, Paul J. Watford, and Eric D. Miller, Circuit Judges.

Per Curiam Opinion; Partial Concurrence and Partial Dissent by Judge Miller SUMMARY *

Habeas Corpus / Death Penalty

In a case in which Tauno Waidla was found guilty in California state court of first-degree murder during the course of a burglary and robbery with personal use of a deadly and dangerous weapon, and was sentenced to death, the panel affirmed the district court’s grant of habeas relief on Waidla’s claim of ineffective assistance of counsel at the penalty phase, and affirmed the district court’s denial of relief on claims at the…