Shawn N. Bisby v. Carl Zenon, Superintendent, Oregon State Correctional Institution

19 F.3d 1439 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Shawn N. BISBY, Petitioner-Appellant, v. Carl ZENON, Superintendent, Oregon State Correctional Institution, Respondent-Appellee. No. 93-35431. United States Court of Appeals, Ninth Circuit. Submitted Feb. 25, 1994. * Decided March 17, 1994. Before: CHOY, SKOPIL, and FERGUSON, Circuit Judges. 1 MEMORANDUM ** 2 Oregon State Prisoner Shawn Bisby appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition. Bisby claims he was deprived of his Sixth Amendment right to effective assistance of counsel during his 1987 trial when his counsel failed to object or move for a mistrial in response to repeated improper comments by the prosecution during closing arguments. 3 To establish ineffective assistance of counsel, petitioner "must show that counsel's representation fell below an objective standard of reasonableness." Strickland v. Washington, 466 U.S. 668, 688 (1984). In making this evaluation,…