Billy R. Mitchell v. Manfred Maass, Superintendent

35 F.3d 571 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Billy R. MITCHELL, Petitioner-Appellant, v. Manfred MAASS, Superintendent, Respondent-Appellee. No. 94-35220. United States Court of Appeals, Ninth Circuit. Submitted Sept. 7, 1994. * Decided Sept. 13, 1994. Before: HALL, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Billy Mitchell, an Oregon State prisoner, appeals the district court's dismissal of his petition for a writ of habeas corpus. Mitchell claims that he was denied the effective assistance of counsel at trial and on appeal. We have jurisdiction under 28 U.S.C. Sec. 2253 and we affirm. 3 We review de novo both the district court's denial of habeas relief, James v. Borg, 24 F.3d 20, 24 (9th Cir.1994), petition for cert. filed (U.S. Aug. 10, 1994) (No. 94-5660), and the legal question whether a defendant received ineffective assistance of counsel, Smith v. Ylst, 826 F.2d 872, 875 (9th Cir.1987), cert. denied, 488 U.S. 829 (1988). Trial 4 To…