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In re Gay

Counsel rendered ineffective assistance in the capital trial by obtaining the appointment through fraudulent means, counseling defendant to confess to a series of robberies and failing to interview helpful witnesses.

Defendant was convicted of capital murder and sentenced to death. However, it was determined in habeas corpus proceedings that trial counsel rendered ineffective assistance by obtaining his appointment to represent the defendant by fraud, counseling defendant to confess to a series of other robberies without safeguards to insure the confessions would not be used without a plea deal, and by failing to conduct a timely investigation of eyewitnesses who could have exculpated defendant and police officers who would have inculpated the codefendant. The murder conviction was reversed.

____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2020 D.A.R. 1154 (2020) February 13, 2020 (S130263)

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