Clarence Roberts v. Mike McDonald

MEMORANDUM

Clarence Roberts appeals the district court’s denial of his petition for a writ of habeas corpus, arguing that he had a constitutional right to be present at his re-sentencing hearing and that his counsel provided ineffective assistance. We have jurisdiction under 28 U.S.C. § 2253 and 28 U.S.C. § 1291 , and we affirm.

1. Under the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2254 , the California courts reasonably concluded that Roberts did not have a constitutional right to be present at his resentencing hearing. A defendant has the right to be present “at any stage of the criminal proceeding that is critical to its outcome if his presence would contribute to the fairness of the procedure,” Kentucky v. Stincer, 482 U.S. 730, 745 , 107 S.Ct. 2658 , 96 L.Ed.2d 631 (1987), but not where the “benefit” of his presence would be “but a shadow,” Snyder v. Massachusetts, 291 U.S. 97, 106-07 , 54 S.Ct. 330 , 78 L.Ed. 674 (1934). The California Court of Appeal concluded that, under state law, Roberts had no right to renew, and the trial court had no discretion to consider, a second motion requesting that the court strike a prior conviction for purposes of…