David Madera v. Henry Risley, Warden, Montana State Prison

David A. Madera appeals the district court’s denial of his petition for a writ of habeas corpus. Madera contends he has sustained a due process violation because the district court’s reconstruction of unrecorded portions of Madera’s state trial did not serve as a record from which Madera could effectively appeal. Madera also contends that he received ineffective assistance of counsel when his trial attorney waived recording of portions of the trial and failed to object to the lack of rec-ordation of other portions. We affirm.

FACTS

In 1982 Madera was convicted of robbery and theft in a Montana state court and sentenced to fifty years’ imprisonment. State v. Madera, 206 Mont. 140 , 670 P.2d 552 (1983). During the trial, the state court did not record the voir dire, opening statements, closing arguments, bench conferences, jury charge, or the jury poll. Id. at 163 , 670 P.2d at 564 . Madera’s counsel did not object to the lack of recording and affirmatively waived recording of voir dire and opening statements and closing arguments. Id. at 165 , 670 P.2d at 564-65 .

Madera was tried with his codefendant, Gary LaMere, who was also convicted and sentenced to fifty years’…