Quimbee logo
DMCA.com Protection Status
From our private database of 15,700+ case briefs...

McClure v. Thompson

United States Court of Appeals for the Ninth Circuit
323 F.3d 1233 (2003)


Facts

Carol Jones was found murdered in her home, and her two children were missing. Robert McClure (defendant) was a friend of Jones, and his fingerprints were found in the blood in Jones’s home. McClure was arrested, and Christopher Mecca was hired to be McClure’s attorney. Mecca spoke with McClure several times over the next few days. Based on these conversations, Mecca believed that the children might still be alive. Eventually, McClure disclosed that he had fantasies involving young girls and drew a map that showed two locations where the children might be. Later that night, McClure called Mecca and told him that Satan had killed Jones. Mecca asked about the children, and McClure stated that Jesus had saved them. Mecca believed this might mean the children were still alive. Mecca sought advice about his ability to disclose this information to the police and was advised against it. Mecca met with McClure again the following morning. Mecca told McClure that, if the children were alive, they had an obligation to tell the police where the children were. Mecca did not directly ask McClure if the children were still alive, but Mecca told McClure that Mecca was planning to make an anonymous phone call to the police to tell them the locations on the map. According to Mecca, McClure nodded. Mecca’s secretary called the police anonymously and gave them the locations. The children were found, but they had been shot and killed. McClure was convicted of the murder of all three. Subsequently, McClure filed a habeas corpus petition, alleging ineffective assistance of counsel. The trial court held an evidentiary hearing and denied the petition. McClure appealed.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

Dissent (Ferguson, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 333,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 15,700 briefs, keyed to 213 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.