William Weyhrich v. Mark Nooth

MEMORANDUM

William Weyhrich appeals from the district court’s denial of his habeas petition challenging his state kidnaping and assault conviction. Weyhrich claims that his trial counsel provided ineffective assistance of counsel (“IAC”) when he successfully objected to the prosecutor’s closing remarks but did not move to strike or for a mistrial. The district court, applying the Antiterrorism and Effective Death Penalty Act (“AEDPA”), 28 U.S.C. § 2254 , deferred to the state court’s denial of relief, noting that the prosecutor’s improper comments were relatively brief, defense counsel’s decision not to seek further relief was reasonable, and the case against Weyhrich was strong. Weyhrich filed a timely notice of appeal from the district court’s final order and we affirm the denial of the petition.

The AEDPA provides that for relief to be granted by a federal court on a state habeas petition, the petitioner must show that the state courts’ denial of relief was either “contrary to, or involved an unreasonable application of, clearly established Federal law” or “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.”…