Larry Christopher Olin v. Eddie Ylst, Warden

Good Law
972 F.2d 1341·1992 WL 205678·1992 U.S. App. LEXIS 28025
United States Court of Appeals for the Ninth CircuitAugust 25, 199291-56065California782 words

Opinion

Opinion

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Larry Christopher OLIN, Petitioner-Appellant, v. Eddie YLST, Warden, Respondent-Appellee. No. 91-56065. United States Court of Appeals, Ninth Circuit. Submitted Aug. 21, 1992. * Decided Aug. 25, 1992. 1 Before TANG and CYNTHIA HOLCOMB HALL, Circuit Judges, and SHUBB, District Judge. ** 2 MEMORANDUM *** 3 Larry Christopher Olin appeals the district court's dismissal of his petition for a writ of habeas corpus. We affirm. 4 Olin argues that he was denied effective assistance of counsel at his state trial on several grounds. First, Olin argues that his attorney's failure to investigate victim Konins's capacity to identify Olin as Konins's assailant constituted ineffective assistance of counsel. The record before us shows neither any evidence of a failure to investigate nor any prejudice to Olin. See Strickland v. Washington, 466 U.S. 668, 690-91 (1984) (ineffectiveness claim requires showing of unreasonable…

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