Curtis Lee Morrison v. Wayne Estelle

Curtis Lee Morrison appeals the district court’s dismissal of his habeas corpus petition, brought under 28 U.S.C. § 2254 . Morrison claims ineffective assistance of counsel on direct appeal because his attorney failed to argue, inter alia, inadequate notice of a felony-murder charge. We affirm the district court’s dismissal.

BACKGROUND

On April 21,1973, Morrison and his nephew were driving on Highway Four in a pickup truck when the drive shaft of the truck broke and the vehicle coasted to a stop. While his nephew left to get help, Morrison tried to remove the truck’s U-bolts in preparation for installing a new drive shaft. Martinez Police Officer Thomas Tarantino stopped by the side of the highway to see if Morrison needed help.

Several witnesses testified as to what happened after Officer Tarantino stopped to help Morrison. After an initial conversation, Officer Tarantino frisked Morrison. The two men were next seen wrestling on the ground, after which Morrison threw Officer Tarantino onto the highway. Sylvia Young testified that she saw Morrison holding what appeared to be a police service revolver. Cheryl Balsdon testified that Morrison waived a gun in the air and pointed it…