Donovan Phipps v. Mike Evans

MEMORANDUM

Donovan Phipps, an inmate in the California prison system, appeals from a final order of the United States District Court denying his petition for writ of habeas corpus. Phipps contends that his trial counsel was ineffective in a number of ways and seeks an evidentiary hearing at which he hopes to question counsel regarding his litigation choices to “flesh out” his claims.

Based on an independent but deferential review of the record (Pirtle v. Morgan, 313 F.3d 1160, 1167 (9th Cir.2002)), it was not unreasonable for the state court to deny Phipps’ ineffective assistance of counsel claim. Phipps has not shown that (1) counsel’s performance fell below an objective standard of reasonableness under prevailing professional norms and (2) “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). “Our review of counsel’s performance for constitutional deficiency ‘must be highly deferential’ and should include every effort ‘to eliminate the distorting effects of hindsight!)]’ ” Earp v. Omoski, 431 F.3d 1158,…