William C. Marshall v. State of Oregon Manfred Maass, Superintendent, Oregon State Penitentiary

37 F.3d 1505 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. William C. MARSHALL, Petitioner-Appellant, v. STATE OF OREGON; Manfred Maass, Superintendent, Oregon State Penitentiary, Respondents-Appellees. No. 93-35542. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 6, 1994. Decided Oct. 3, 1994. Before: ALARCON, NORRIS, and LEAVY, Circuit Judges. 1 MEMORANDUM * 2 William Marshall appeals the denial by the district court of his petition for a writ of habeas corpus. Marshall was convicted of sodomy in the first degree in the Circuit Court of Washington County, Oregon, and sentenced to 30 years imprisonment. He claims his counsel was constitutionally ineffective. Marshall also claims that the state court sentencing judge deprived him of his right, created by state statute, to have a psychiatric evaluation before being sentenced to an additional 10-year term as a dangerous offender. 3 We have jurisdiction over this timely appeal pursuant to 28 U.S.C.…