Edwin Pellecier v. Jerry Sternes

MEMORANDUM

Edwin Pellecier was sentenced to 25 years to life in prison for murdering James Williford, and seven-and-one-half years in prison for each of three counts of aggravated assault with a deadly weapon, to run consecutively to the murder sentence. The Arizona Court of Appeals affirmed the conviction and sentence, and the district court subsequently denied Pellecier’s amended 28 U.S.C. § 2254 petition. On appeal, Pellecier contends that the state court erred in finding that: 1) Pellecier was not prejudiced by any deficiency in his trial counsel’s performance; 2) Pellecier was not entitled to the effective assistance of counsel during his post-conviction proceedings; 3) the prosecutor did not present evidence that he knew or should have known was false, and that any allegedly false testimony did not materially affect the jury’s verdict; and 4) sufficient evidence was presented at trial to permit a reasonable juror to conclude that Pellecier acted with premeditation, and not in self-defense, when he killed Williford. Pellecier has not demonstrated that the Arizona Court of Appeals’ decision affirming his conviction was based on an unreasonable factual determination, or was…