Jerald Davenport, Jr. v. Patrick Glebe

MEMORANDUM

Jerald W. Davenport, a Washington state prisoner, appeals the district court’s denial of his petition for habeas corpus. His appeal challenges his sentence of life without parole as a persistent offender, pursuant to the Washington Persistent Offender Accountability Act, Wash. Rev.Code §§ 9.94A.505, 9.94A.570. Davenport argues that his counsel was ineffective in informing the prosecution that one of Davenport’s prior convictions, for second degree robbery in violation of Oregon law, counted as a “strike” under Washington law, leading to the prosecution’s withdrawal of a plea agreement that would have sentenced Davenport to a lesser term.

Under the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2254 (d), this Court is “doubly deferential” to the Washington state court’s last reasoned decision, holding that Davenport’s counsel was not deficient and that Davenport did not suffer prejudice. See Clark v. Arnold, 769 F.3d 711, 725 (9th Cir.2014) (quoting Knowles v. Mirzayance, 556 U.S. 111, 123 , 129 S.Ct. 1411 , 173 L.Ed.2d 251 (2009)). Also, this Court is bound by the Washington Supreme Court’s interpretation of state law. Bradshaw v. Richey, 546 U.S. 74, 76…