Dion Gussner v. Terri Gonzalez

MEMORANDUM

Dion Gussner appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition claiming ineffective assistance of counsel related to his decision to plead guilty to gross vehicular manslaughter. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

To prevail on a claim of ineffective assistance of counsel, Gussner needed to establish that his counsel’s performance was both deficient and prejudicial. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Prejudice for ineffective assistance claims relating to guilty pleas requires showing “a reasonable probability that, but for counsel’s errors, [the defendant] would not have pleaded guilty and would have insisted on going to trial.” Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). Further, because Gussner’s claim was previously adjudicated on the merits in state court, to prevail he must show that the state court was unreasonable in applying these principles to the facts of his case. 28 U.S.C. § 2254 (d)(1); Williams v. Taylor, 529 U.S. 362, 413 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

Here, it is unnecessary to decide whether…