Johnny Brown v. Brian Williams

MEMORANDUM

Petitioner Johnny Ray Brown appeals from the district court judgment denying his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Respondents cross-appeal from the district court order holding Brown’s petition timely based on equitable tolling. Brown challenges his Nevada convictions for battery, sexual assault, burglary, and grand larceny, arguing that he received ineffective assistance of counsel. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and, reviewing the district court’s decision de novo, we affirm.

We must deny Brown’s petition unless the decision of the Nevada Supreme Court “(1) ... was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; 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).

Brown has not shown that the Nevada Supreme Court unreasonably applied the standard for ineffective assistance of counsel found in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Even if Brown were correct that his trial…