Corbett Le Grand v. James Yates

MEMORANDUM

Petitioner Corbett Le Grand (“Le Grand”) was convicted in California state court of one count of sexual penetration of a minor and one count of lewd and lascivious acts involving a child under 14. In this proceeding under 28 U.S.C. § 2254 , Le Grand challenges his conviction based on ineffective assistance of trial counsel under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). The district court denied Le Grand’s petition. Reviewing the district court’s denial of the petition de novo and its factual findings for clear error, Brown v. Ornoski, 503 F.3d 1006, 1010 (9th Cir.2007), we affirm.

1. Le Grand first contends that his trial counsel was ineffective for failing to discover his alibi for the nights the offenses occurred. The offenses for which Le Grand was convicted occurred sometime during the night of March 13 or 14, 2003, while Le Grand was on an overnight camping trip with the victim and another man. At trial, Le Grand’s counsel presented as an alibi witness Le Grand’s father, who testified that Le Grand was living with him during the relevant time period and was always home by 9 p.m., so that he could not have been camping with…