Willie Coleman, III v. D. Sisto

Good Law
591 F. App'x 597
United States Court of Appeals for the Ninth CircuitJanuary 29, 201513-16054California690 words

Opinion

Opinion

MEMORANDUM

Petitioner Willie B. Coleman III appeals the district court’s denial of his petition for writ of habeas corpus. Coleman alleges that his trial counsel provided constitutionally deficient representation by promising the jury in his opening statement that it would hear from an alibi witness when counsel did not ultimately call the witness. We have jurisdiction under 28 U.S.C. § 1291 , and affirm.

“We review de novo a district court’s denial of habeas corpus relief.” Miles v. Ryan, 713 F.3d 477, 485 (9th Cir.2013). The Antiterrorism and Effective Death Penalty Act (“AEDPA”) permits federal habeas relief only if Coleman demonstrates that the state court’s denial of his claim (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1)-(2). Review of ineffective assistance claims under AEDPA is “doubly deferential,” and relief may be granted only if the state court “unreasonably applied the more general standard for…

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