Frank Matylinsky v. Michael Budge

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

FRANK JOSEPH MATYLINSKY,  No. 08-15459 Petitioner-Appellant, D.C. No. v.  3:03-CV-00497-

MICHAEL BUDGE, LRH-RAM

Respondent-Appellee.  OPINION

Appeal from the United States District Court for the District of Nevada Larry R. Hicks, District Judge, Presiding

Argued and Submitted May 5, 2009—San Francisco, California

Filed August 18, 2009

Before: Michael Daly Hawkins and Richard C. Tallman, Circuit Judges, and James K. Singleton,* Senior District Judge.

Opinion by Judge Tallman

*The Honorable James K.Singleton, United States District Judge for the District of Alaska, sitting by designation.

11287 MATYLINSKY v. BUDGE 11293

COUNSEL

Franny A. Forsman and John C. Lambrose, Office of the Fed- eral Public Defender, Las Vegas, Nevada, for the appellant.

Catherine Cortez Masto and Amy E. Crowe, Office of the Nevada Attorney General, Reno, Nevada, for appellees.

OPINION

TALLMAN, Circuit Judge:

We must decide whether trial counsel was ineffective in a 1984 Nevada…