Grass

Grass v. Ignacio

Good Law
11 F. App'x 777
United States Court of Appeals for the Ninth CircuitMarch 29, 2001No. 99-17641; D.C. No. CV-98-00395-ECRCalifornia336 words

Opinion

Lead Opinion

MEMORANDUM *

Barbara V. Grass appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his 1990 jury conviction for four counts of sexual assault. We affirm.

Grass contends that his counsel rendered ineffective assistance by failing to object to the trial court’s requirement that Grass wear a surgical mask during trial to avoid exposing the courtroom to hepatitis. Grass cannot show that counsel’s performance was deficient for he has not articulated any reason he provided to counsel at the time of trial which verifies that counsel knew Grass did not want to wear the mask. Nor has he demonstrated prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 693-94 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Grass has not established that counsel’s formal objection to the mask would have been successful, see Kimmelman v. Morrison, 477 U.S. 365, 375, 106 S.Ct. 2574 , 91 L.Ed.2d 305 (1986), or that there is a reasonable probability that the result of the proceeding would have been different, see Strickland, 466 U.S. at 694, 697 , 104 S.Ct. 2052 ; Dows v. Wood, 211 F.3d 480, 485-86 (9th Cir. 2000).

Grass also challenges defense counsel’s failure to present expert…

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