United States v. Fowlie

Melvin Meffery Wade, a California state prisoner sentenced to death, appeals the district courts denial of his 28 U.S.C. § 2254 habeas petition. Wade was convicted in the San Bernardino County Superior Court of first-degree murder. We review de novo the district courts denial of the habeas petition. Norris v. Risley, 878 F.2d 1178, 1180 (9th Cir. 1989). We affirm the district courts denial of relief on the merits of those claims challenging Wades conviction. We hold, however, that Wades death sentence cannot stand for two reasons. First, Wade is entitled to a new special circumstances determination because the torture-murder special circumstance instruction failed to meet the requirements of the Eighth Amendment. Second, Wade received ineffective assistance of counsel at the penalty phase of his trial.