Chavez

Chavez v. Hickman

Good Law
16 F. App'x 760
United States Court of Appeals for the Ninth CircuitAugust 9, 2001No. 00-16611California539 words

Opinion

Lead Opinion

MEMORANDUM ***

Gilberto Capi Chavez appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his 1995 jury convictions for torture, aggravated mayhem, corporal injury on a spouse, assault with a deadly weapon, and first degree burglary. His victim was his estranged wife, Juana. The district court granted a certificate of appealability as to whether Chavez’s trial counsel rendered ineffective assistance. *762 We have jurisdiction pursuant to 28 U.S.C. §§ 2253 & 2254, and we affirm.

Chavez contends that counsel erred by failing to make Juana’s audio-taped police interview, or a transcript of it, part of the trial record for appeal. Because Chavez has not identified or explained anything on the tape that would have persuaded the state court to reverse his convictions, he has not established the requisite prejudice. See Strickland v. Washington, 466 U.S. 668, 694, 697 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Villafuerte v. Stewart, 111 F.3d 616, 629-30, 631 (9th Cir.1997) (per curiam).

Chavez next alleges that counsel was ineffective for deciding not to recall expert witness Dr. Hurley to the stand to answer a specific hypothetical question. Counsel’s…

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