Whether the Sixth Amendment right to effective assistance of counsel was violated when trial counsel failed to investigate and present evidence of the petitioner's intellectual disability and mental health issues at the penalty phase of his capital trial

No question identified. : No. IN THE SUPREME COURT OF THE UNITED STATES VICTOR ROBLERO Petitioner, v. SCOTT KERNAN Warden, Respondent ON PETITION FOR WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT PETITION FOR WRIT OF CERTIORARI Petitioner, Victor Roblero, respectfully petitions for a writ of certiorari to review the judgment of the United States Court of Appeals for the Ninth Circuit in this case. OPINIONS BELOW The Ninth Circuit Court of Appeals affirmed the district court’s denial of habeas relief in an unpublished memorandum decision. App. 1. ' The order adopting the magistrate judge’s findings and recommendations and the judgment of the district court denying Roblero’s habeas corpus petition are unreported. App. 6, 7. The magistrate judge’s opinion is also unreported. App. 8. The California Court of Appeal affirmed the conviction and sentence in an unpublished decision. App. 82. The California Supreme Court denied review in an unpublished decision. App. 80. The decisions on Roblero’s petitions for a writ of habeas corpus are also unreported. App. 44, 46-53, 69, 76. JURISDICTION The judgment of the Court of Appeals was entered on December 7, 2018. The jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1254(1). CONSTITUTIONAL PROVISIONS INVOLVED In pertinent part, the Sixth Amendment to the United States Constitution provides “In all criminal prosecutions, the accused shall enjoy the right . . .”to have “the assistance of counsel” for his defense. ' “App.” refers to the