Jose Leon v. Charles Ryan

MEMORANDUM

Jose Leon appeals the district court’s order denying his 28 U.S.C. § 2254 petition. Leon generally asserts ineffective assistance of counsel, in that counsel generally failed to prepare for and challenge the testimony of the state’s expert witness, who testified regarding the behavior of child sexual abuse victims. We affirm.

We review the district court’s denial of Leon’s § 2254 petition de novo. Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000) (en banc). A district court may not grant a § 2254 petition unless the state court’s adjudication of a petitioner’s claim

28 U.S.C. § 2254 (d). To show ineffective assistance of counsel, Leon must demonstrate that (1) his counsel’s performance was deficient; and (2) counsel’s deficient performance prejudiced his defense. Strickland, v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). We must indulge a “strong presumption of competence” on the part of counsel. Cullen v. Pinholster, 563 U.S. 170 , 131 S.Ct. 1388, 1407 , 179 L.Ed.2d 557 (2011). Additionally, “[tjhere are countless ways to provide effective assistance in any given case.” Strickland, 466 U.S. at 689 , 104 S.Ct. 2052 . Because…