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Recording of Mr. Kaplan’s Ninth Circuit Oral Argument in Graves v. Sisto

February 17, 2012

​Sebastian Kaplan argued before the Ninth Circuit on behalf of David Michael Graves, a habeas petitioner, who sought relief from his convictions for murder and attempted murder.  Mr. Graves contended he was denied a fair trial on the murder charge because a key defense witness, who would have testified that another man confessed to the murder, was excused from testifying as a result of the trial court’s failure to make an adequate inquiry into the witness’s good faith basis for invoking the Fifth Amendment.  Mr. Graves also contended he received ineffective assistance of counsel at his attempted murder trial, where his defense counsel brought forward no witnesses other than the defendant himself.

A link to the audio of the oral argument is available here.