Alvin D. Barner v. State of Nevada

19 F.3d 25 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Alvin D. BARNER, Petitioner-Appellant, v. STATE OF NEVADA, Respondent-Appellee. No. 93-15630. United States Court of Appeals, Ninth Circuit. Submitted Feb. 22, 1994. * Decided March 2, 1994. Before: SCHROEDER, CANBY, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 Alvin D. Barner, a Nevada state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition for a writ of habeas corpus. The district court determined that Barner received effective assistance of counsel at his trial for sexually assaulting his daughter. We have jurisdiction pursuant to 28 U.S.C. Sec. 1291 , and review de novo. Thomas v. Lewis, 945 F.2d 1119, 1122 (9th Cir.1991). We affirm. 3 To show ineffective assistance of counsel, a defendant must demonstrate that his counsel's performance was deficient, and that the deficient performance prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687 ; Iaea v. Sunn, 800 F.2d…