Jeffrey Veta v. Chuck Ryan

MEMORANDUM

Arizona State prisoner Jeffrey Noem Veta appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Veta contends his right to due process was violated when the State of Arizona did not release him after failing to comply with the speedy trial limits of Ariz. R.Crim. P. 8.3(a) and art. IV(c) of the Interstate Agreement on Detainers (“IAD”). Specifically, Veta contends that the trial court made the objectively unreasonable determination that Veta waived his speedy trial rights. Contrary to Veta’s contention, the state court’s determination that, through his counsel, Veta waived these rights was not contrary to, or an unreasonable application of, clearly established Federal law. See 28 U.S.C. § 2254 (d)(1); New York v. Hill, 528 U.S. 110 , 120 S.Ct. 659 , 145 L.Ed.2d 560 (2000).

Veta also contends that he was denied effective assistance of counsel when his counsel waived Veta’s speedy trial rights by proposing a time frame outside the IAD limits. This claim fails because Veta has failed to show that, absent counsel’s waiver, there was a reasonable probability that the…