Tony Allen, Jr. v. Mark Shepard

MEMORANDUM

Tony Allen Jr. appeals the district court’s denial of his 28 U.S.C. § 2254 habe-as petition. We have jurisdiction under 28 U.S.C. §§ 1291 , 2253, and we affirm.

Allen is not entitled to habeas relief because the California Court of Appeal’s decision that Allen’s trial counsel, James Sherriff, did not render ineffective assistance was not “contrary to,” or an “unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” nor was it “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1) — (2).

Sherriff s decision to forgo further investigation into victim David Bell’s violent history was reasonable under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Sherriff s strategic decision not to pursue Bell’s violent history was reasonable given Sherriff s knowledge that were he to introduce evidence of Bell’s violent history the prosecution could introduce evidence of Allen’s own criminal background, which was significant even without the alleged juvenile conviction. In any event, Allen was not…