Rios

Rios v. Ingle

Good Law
16 F. App'x 636
United States Court of Appeals for the Ninth CircuitJuly 2, 2001No. 99-15572; D.C. No. CV-96-01842-DFLCalifornia903 words

Opinion

Lead Opinion

MEMORANDUM *

Reyes Rios (“Rios”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition. Rios seeks federal habeas relief from his state court conviction for the second-degree murder of Dan Lacy (“Lacy”), in violation of California Penal Code §§ 187(a) and 189. Specifically, Rios argues that: (1) his due process rights were violated by the admission of testimony given by his codefendant, Oki Shin, regarding Shin’s motivation for pleading guilty; and (2) his Sixth Amendment rights were violated because he was deprived of the effective assistance of counsel. We affirm.

*637 In an information filed on April 13, 1987, Rios and Shin were accused of murdering Lacy with the use of a deadly weapon. Shin subsequently entered a plea of guilty to voluntary manslaughter in exchange for a maximum prison sentence of eleven years and his promise to testify truthfully at Rios’s trial.

At Rios’s trial, Shin responded to a question asked by defense counsel on cross examination by stating that he felt “pressured” to take the guilty plea. Shin explained that he took the guilty plea because he feared that, if he refused it, Rios would accept the guilty plea and testify against him. On…

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