UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
CAL COBURN BROWN,
JEFFREY UTTECHT,* Superintendent
of WA State Penitentiary,
Appeal from the United States District Court
for the Western District of Washington
John C. Coughenour, Chief District Judge, Presiding
Argued and Submitted
January 25, 2008—Pasadena, California
Filed June 27, 2008
Before: Alex Kozinski, Chief Judge, Stephen Reinhardt and
Marsha S. Berzon, Circuit Judges.
Opinion by Chief Judge Kozinski;
Dissent by Judge Reinhardt
*Jeffrey Uttecht is substituted for his predecessor, John Lambert, as
Superintendent of WA State Penitentiary, pursuant to Fed. R. App. P.
Gilbert H. Levy and Suzanne Lee Elliot, Seattle, Washington,
for the petitioner.
BROWN v. UTTECHT
John J. Samson, Assistant Attorney General; Robert M.
McKenna, Attorney General, Olympia, Washington, for the
KOZINSKI, Chief Judge:
On remand from the Supreme Court, Uttecht v. Brown, 127
S. Ct. 2218 (2007), we consider whether defense counsel’s
performance was deficient.
After raping and murdering Holly Washa,1 Brown was con-
victed of aggravated first-degree murder in Washington. With
the aid of an investigator, a social worker and a mitigation
specialist, Brown’s three experienced attorneys put on a thor-
ough mitigation case during the penalty phase of Brown’s
trial. They (1) created a 250-page life chronology detailing
Brown’s social and medical history, and presented most of
this information at trial; (2) introduced evidence that Brown
had a mental disorder; (3) called Dr. Maiuro, a clinical psy-
chologist; and (4) called multiple character witnesses, such as
family members. Nonetheless, the jury sentenced Brown to
After exhausting his direct appeals and state collateral
review, Brown petitioned for a writ of habeas corpus in fed-
eral court, raising a number of constitutional claims regarding
his trial an