Rex Michael Latimer v. Manfred F. Maass, Superintendent, Oregon State Penitentiary

67 F.3d 307 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Rex Michael LATIMER, Petitioner-Appellant, v. Manfred F. MAASS, Superintendent, Oregon State Penitentiary, Respondent-Appellee. No. 94-36001. United States Court of Appeals, Ninth Circuit. Argued and Submitted Sept. 15, 1995. Decided Oct. 4, 1995. Before: SCHROEDER, REINHARDT and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Oregon state prisoner Rex Michael Latimer appeals the district court's denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. Sec. 2254 , following his conviction and 20-year sentence for first degree robbery and second-degree kidnapping in 1987. 3 He maintains that he received ineffective assistance of counsel because counsel failed to advise Latimer that his trial testimony could be impeached by prior felony convictions. We assume on this record that his counsel did not advise him that he could be impeached if he took the stand and we assume further, that such a failure fell…