James W. Fairfield v. Frank Prewitt

28 F.3d 105 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. James W. FAIRFIELD, Petitioner-Appellant, v. Frank PREWITT, Respondent-Appellee. No. 93-35996. United States Court of Appeals, Ninth Circuit. Submitted May 24, 1994. * Decided June 8, 1994. Before: HUG, D.W. NELSON, and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 James W. Fairfield, an Alaska state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas petition challenging his conviction for two counts of sexual abuse of a minor in the first degree. Fairfield claims that he was denied his Sixth Amendment right to effective assistance of counsel when his trial attorney failed to move for a mistrial based upon the manner in which the prosecutor presented the victim with the tool with which he allegedly abuse her. We have jurisdiction under 28 U.S.C. Sec. 2253 . We review de novo, Hendricks v. Zenon, 993 F.2d 664, 668 (9th Cir.1993) and affirm. 3 To obtain relief from a claim of ineffective…