Jack Bert Harvey v. Manfred Maass
Opinion
Opinion
983 F.2d 1076 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jack Bert HARVEY, Petitioner-Appellant, v. Manfred MAASS, Respondent-Appellee. No. 92-35066. United States Court of Appeals, Ninth Circuit. Submitted Jan. 7, 1993. * Decided Jan. 15, 1993. Before D.W. NELSON, TROTT and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Jack Bert Harvey ("Harvey") appeals the denial of his habeas corpus petition claiming ineffective assistance of counsel. We affirm. STANDARD OF REVIEW 3 Whether a defendant received ineffective assistance of counsel is a legal question which is reviewed de novo. United States v. Swanson, 943 F.2d 1070, 1072 (9th Cir.1991) (quotations and citations omitted). INEFFECTIVE ASSISTANCE OF COUNSEL 4 To prove ineffective assistance of counsel, Harvey is required to demonstrate that his counsel's acts or omissions were outside the range of professionally competent assistance and that he was prejudiced as a result of his counsel's actions. Strickland v.…