Stanley Grochowski v. Hoyt C. Cupp

892 F.2d 83 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Stanley GROCHOWSKI, Petitioner-Appellant, v. Hoyt C. CUPP, Respondent-Appellee. No. 88-4312. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 13, 1989. Decided Dec. 12, 1989. Before PREGERSON, TROTT and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Stanley Grochowski appeals the dismissal of his 28 U.S.C. § 2254 habeas corpus petition, in which he alleged ineffective assistance of trial counsel. We find that, even if we assume counsel's incompetence, Grochowski has not demonstrated prejudice sufficient to meet the rigorous standards of Strickland v. Washington, 466 U.S. 668 (1983). 3 First, we conclude that, with two exceptions, 1 the issues raised by Grochowski in federal court were properly presented to the state courts through his petitions for post conviction relief, the parties' briefs, and the proffered depositions. We thus proceed to the merits of Grochowski's claim. 4 Under…