Whether the Ninth Circuit erred in finding that the petitioner's 'organic' brain dysfunction was not enough of a 'red flag' to trigger a duty for trial counsel to investigate it for use at the penalty phase of the petitioner's capital trial

QUESTIONS PRESENTED Petitioner, Teddy Brian Sanchez, was convicted as a secondary participant in three murders and sentenced to death for his role in two of them. This petition concerns the Ninth Circuit’s denial of three claims of attorney error at the penalty phase of Petitioner’s trial. The first of Petitioner’s two questions involves a conflict with this Court’s jurisprudence because the Ninth Circuit severely circumscribed the ambit of a capital trial attorney’s duties. See Supreme Court Rule 10(c). Petitioner’s second question gives this Court an opportunity to address a long-standing circuit split. See Supreme Court Rule 10(a). The following questions are presented for review: 1. Did the Ninth Circuit err when it found that Petitioner’s “organic” brain dysfunction was not enough of a red flag to trigger a duty for trial counsel to investigate it for use at the penalty phase of Petitioner’s capital trial? 2. Must the errors of counsel at the penalty phase of a capital trial be assessed cumulatively for the purpose of establishing prejudice, and if so, should the Ninth Circuit have issued a certificate of appealability on Petitioner’s claim of cumulative error? i PARTIES TO THE CASE All parties are listed in the caption. LIST OF ALL PROCEEDINGS People v. Sanchez, No. 34638, Kern County (California) Superior Court, judgment entered October 31, 1988. People v. Sanchez, No. S007780, California Supreme Court, opinion issued December 14, 1995. Sanchez v. California, No. 95-9037, this Court, certiorari denied October 7, 1996. In re Sanchez, No. S049502, California Supreme Court, order issued October 22, 1997. Sanchez v. Chappell, No. United States District Court, E.D. Cal., judgment entered July 23, 2015. Sanchez v. Davis, No. 16-99005, United States Court of Appeals for the Ninth Circuit Court, opinion and modified memorandum opinion issued on April 22, 2021 and February 10, 2022, respectively. In re Sanchez, No. HC016214A, Kern County (California) Superior Court, pending. il