Chris Martin v. Don Mills

MEMORANDUM

Chris Martin appeals the district court’s denial of his petition for the writ of habeas corpus. After a two-day jury trial in Oregon state court, Martin was convicted of Assault in the Second Degree, Assault in the Fourth Degree, Menacing, and three counts of Felon in Possession of a Firearm. Martin argues that his trial attorney provided constitutionally ineffective assis tance by not moving to sever the firearm charges from the other charges.

According to evidence presented at trial, Martin and his girlfriend, Catherine Comer, began to argue while driving home in Martin’s truck. When Comer “just got tired of [arguing],” she tried to open the passenger door to jump out, but Martin pulled her back into the truck by her arm. Comer testified that Martin then bit her on her thigh, held her down, kicked her repeatedly with his cowboy boots, choked her, and threatened to kill her. During this altercation, Martin put a boot on Comer’s throat with enough pressure to prevent her from breathing. When she told Martin that she was unable to breathe, Martin told Comer he was going to “kill [her] and put [her] body in a ditch somewhere.” Comer pleaded with Martin to take his foot…