Anthony Gugliotta v. Silvia Garcia

Good Law
United States Court of Appeals for the Ninth CircuitJuly 27, 201512-55246California897 words

Opinion

Opinion

facts in light of the evidence presented in the State court proceeding.” 28 U.S.C.

§ 2254(d). We may not grant relief unless the state court came to a decision that

was objectively unreasonable. Williams v Taylor, 529 U.S. 362, 409-10 (2000).

To bring a meritorious IAC claim, Gugliotta must demonstrate his trial

counsel’s deficient performance and resulting prejudice. See Strickland v.

Washington, 466 U.S. 668, 687 (1984). We apply “a ‘strong presumption’ that

counsel’s representation was within the ‘wide range’ of reasonable professional

assistance.” Richter, 562 U.S. at 104 (quoting Strickland, 466 U.S. at 689).

To establish prejudice, Gugliotta must show a reasonable probability that

“but for counsel’s unprofessional errors, the result of the proceeding would have

been different.” Strickland, 466 U.S. at 664. “Counsel’s errors must be ‘so serious

as to deprive the defendant of a fair trial, a trial whose result is reliable.’” Richter,

562 U.S. at 104 (quoting Strickland, 466 U.S. at 687).

Reviewing the California courts’ denial of Gugliotta’s IAC claim, the

-3- “question is whether there is any reasonable argument that counsel satisfied

Strickland’s deferential…

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