Eric Clark v. James Arnold

Arizona state prisoner Eric Michael Clark appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction of murdering a law enforcement officer in the line of duty. Clark argues his trial counsel was ineffective under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), for not preserving “observation evidence” that could negate the mens rea element of the crime and for failing to request a reevaluation of his competency during trial. He also argues that his appellate counsel was ineffective for failing to raise those issues on appeal.

In light of the “doubly deferential” standard afforded to Strickland claims brought under § 2254, Knowles v. Mirzayance, 556 U.S. 111, 123 , 129 S.Ct. 1411 , 173 L.Ed.2d 251 (2009), we conclude that it was not contrary to, nor an unreasonable application of, Strickland for the state court to determine that Clark’s trial counsel did not provide ineffective assistance by failing to preserve explicitly the issue of observation evidence or by failing to request a reevaluation of Clark’s competency. We hold that Clark’s claim of ineffective appellate counsel is…