Rolin

Rolin v. Estelle

Good Law
12 F. App'x 538
United States Court of Appeals for the Ninth CircuitJune 21, 2001No. 99-17599; D.C. No. CV-89-00146-OWWCalifornia781 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Gerald Rolin appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition challenging his 1985 convictions for second degree murder and felony hit-and-run. We have jurisdiction pursuant to 28 U.S.C. § 2253 (1994). We review the district court’s denial de novo, see Snook v. Wood, 89 F.3d 605, 609 (9th Cir.1996), and we affirm.

Rolin raises several contentions regarding the ineffectiveness of his appellate counsel, which we review under the standard set out in Strickland v. Washington, 466 U.S. 668, 687, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). See Miller v. Keeney, 882 F.2d 1428, 1433-34 (9th Cir.1989).

Rolin initially argues that appellate counsel was ineffective by failing to raise an insufficiency of the evidence claim on direct appeal. Because there was ample evidence to support the jury’s verdict of second degree murder, Rolin has failed to demonstrate a reasonable probability that, but for counsel’s error, he would have prevailed on appeal. See id.; see also Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (outlining the standard for reviewing sufficiency claims).

Rolin further…

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