Lonnie Shoulders v. James Walker

MEMORANDUM

Petitioner-Appellant Lonnie Shoulders appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254 . In 2004, Shoulders was convicted in the Superior Court of Shasta County, California of a petty theft offense, enhanced by a prior theft conviction. Shoulders argues that his trial counsel rendered ineffective assistance by agreeing to stipulate to the prior conviction before the jury. The California appellate court held that counsel’s performance was indeed ineffective, but that Shoulders was not prejudiced by counsel’s ineffectiveness.

This court reviews de novo a district court’s denial of a state prisoner’s petition for a writ of habeas corpus. Murdoch v. Castro, 609 F.3d 983, 989 (9th Cir.2010) (en banc). The district court’s findings of fact are reviewed for clear error, legal conclusions are reviewed de novo, and the court may affirm on any ground supported by the record. Kemp v. Ryan, 638 F.3d 1245, 1254 (9th Cir.2011).

Because Shoulders presents a claim of ineffective assistance of counsel, “the relevant clearly established law derives from” Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Premo v. Moore,…