Fares Hanna Khalil v. Midge Carroll, Warden James Gomez, Director of Corrections

Good Law
72 F.3d 135·1995 WL 746186·1995 U.S. App. LEXIS 40708
United States Court of Appeals for the Ninth CircuitDecember 13, 199595-15431California564 words

Opinion

Opinion

72 F.3d 135 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fares Hanna KHALIL, Petitioner-Appellant, v. Midge CARROLL, Warden; James Gomez, Director of Corrections, Respondents-Appellees. No. 95-15431. United States Court of Appeals, Ninth Circuit. Submitted Dec. 4, 1995. * Decided Dec. 13, 1995. Before: PREGERSON, BRUNETTI, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 Since the parties are familiar with the facts, we need not recite them here. I. Ineffective Assistance Standard 3 The district court did not add a third prong to the Strickland test. Prejudice is established by showing "that counsel's errors were so serious as to deprive the defendant of a fair trial, a trial whose result is reliable." Strickland v. Washington, 466 U.S. 668, 687 (1984) (emphasis added). II. Confession 4 "A statement is involuntary if it is extracted by any sort of threats or violence, or obtained by any direct or implied promises, however slight, or by the exertion of any improper…

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