Therell Tyrone Davis v. Manfred Maass, Superintendent

67 F.3d 306 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Therell Tyrone DAVIS, Petitioner-Appellant, v. Manfred MAASS, Superintendent Respondent-Appellee. No. 94-35611. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1995. Decided Oct. 4, 1995. 1 Before: SCHROEDER, REINHARDT, and FERNANDEZ, Circuit Judges 2 MEMORANDUM * 3 Therell Tyrone Davis, an Oregon state prisoner, appeals the district court's denial of his 28 U.S.C. Sec. 2254 petition challenging his conviction for kidnapping and sexual abuse. We affirm. DISCUSSION 4 1. To establish a claim of ineffective assistance of counsel, Davis must demonstrate: (1) that counsel committed errors so serious that he was not functioning as Sixth Amendment counsel, and (2) that the deficient performance prejudiced his defense. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984); Tinsley v. Borg, 895 F.2d 520, 531-32 (9th Cir.1990), cert. denied, 498 U.S.…