Lawrence Green v. Dwight Neven

MEMORANDUM

Lawrence D. Green appeals the district court’s denial of his 28 U.S.C. § 2254 habe-as petition challenging his Nevada conviction for two counts of grand larceny and two counts of burglary.

1. For each grand larceny count, at least one witness testified to the goods’ value, using either a report or a receipt created shortly after the theft to refresh his or her recollection at trial. The Nevada Supreme Court’s determination that this evidence was sufficient to show that the $250 grand larceny threshold was met was a reasonable application of Jackson v. Virginia, 448 U.S. 307 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979).

2. The Nevada Supreme Court did not unreasonably apply, or reach a decision contrary to, federal law in denying Green’s ineffective assistance of counsel claims.

Green has not shown that the surveillance video he claims his counsel should have obtained actually existed, or that such video would have helped him had it existed. He has therefore neither demonstrated that his lawyer was ineffective for not introducing the surveillance tapes nor established a “reasonable probability” of a contrary outcome at trial had trial counsel sought to introduce the…