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Rossum v. Patrick

Citations: 622 F.3d 1262; 2010 U.S. App. LEXIS 19811; 2010 WL 3704188Docket: No. 09-55666

Court: Court of Appeals for the Ninth Circuit; September 23, 2010; Federal Appellate Court

Narrative Opinion Summary

In this case, a state prisoner appealed the denial of her habeas corpus petition, challenging her murder conviction on grounds of ineffective assistance of counsel. The conviction involved the alleged poisoning of her husband with fentanyl. The defense had accepted the prosecution's fentanyl overdose theory without testing autopsy samples for metabolites, a critical oversight given the potential for sample contamination due to improper storage and access at the Medical Examiner's Office. The court reversed the previous denial and ordered an evidentiary hearing to explore these claims, particularly focusing on whether the defense's failure to investigate compromised the defendant's right to effective counsel. Expert testimony suggested that the toxicology results might have been skewed by contamination, and the defense argued that testing for metabolites could undermine the prosecution's case. The ruling emphasizes the necessity for comprehensive legal representation, particularly in cases hinging on complex scientific evidence. The decision mandates further proceedings to determine if these alleged deficiencies prejudiced the defendant's trial outcome, potentially warranting habeas relief.

Legal Issues Addressed

Contamination of Evidence in Criminal Cases

Application: Concerns about the integrity of the autopsy samples due to improper storage and access raised legitimate questions about contamination and its implications on the evidence presented.

Reasoning: Speculative motivations for intentional contamination included possible resentment from coworkers towards Rossum or sabotage by an OME employee seeking to undermine the laboratory manager, Robertson.

Evidentiary Hearing in Habeas Corpus Proceedings

Application: The court ordered an evidentiary hearing to further investigate claims of ineffective assistance of counsel, focusing on potential sample contamination and its impact on the case.

Reasoning: Rossum is granted an evidentiary hearing regarding her claims of ineffective assistance of counsel, particularly concerning her attorneys' failure to investigate the potential role of fentanyl in de Villers’s death before conceding this point to the prosecution.

Ineffective Assistance of Counsel under Strickland v. Washington

Application: The court determined that Rossum's trial counsel may have been deficient in failing to test for fentanyl metabolites, which was crucial given concerns of sample contamination.

Reasoning: In evaluating Rossum’s Strickland claim, it is highlighted that a competent attorney would not have accepted that fentanyl caused de Villers's death without testing autopsy specimens for fentanyl metabolites.

Role of Expert Testimony in Determining Cause of Death

Application: Expert testimony highlighted discrepancies in fentanyl concentration levels and potential contamination, challenging the prosecution's narrative of overdose.

Reasoning: High doses of fentanyl administered rapidly to de Villers would likely have resulted in his death within minutes, contradicting Dr. Blackbourne's description of a 6-12 hour period of impaired breathing and consciousness.