Ninth Circuit -- STEVEN JAMES V. DORA SCHRIRO

Habeus granted for ineffective assistance in penalty phase.

Claim not procedurally barred, as no firmly established state procedural rule at the time.  Raised in first State PCR, and therefore barred by "law of case" in subsequent PCR, which therefore cannot be grounds for waiver.

STEVEN JAMES V. DORA SCHRIRO

[Thou shalt not kill.  - TMB]