Robinson

Robinson v. Stewart

Good Law
17 F. App'x 573
United States Court of Appeals for the Ninth CircuitAugust 22, 2001No. 00-15698; D.C. No. CV-97-00769-ROSCalifornia383 words

Opinion

Lead Opinion

*574 MEMORANDUM ***

Roderick E. Robinson, an Arizona state prisoner, appeals the federal district court’s dismissal of his petition for writ of habeas corpus. The facts and prior proceedings are known to the parties; they are not cited herein, except as necessary.

Under the Antiterrorism and Effective Death Penalty Act of 1996, a petition for writ of habeas corpus may be granted if the state court’s adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

Robinson bases his habeas petition on ineffective assistance of counsel. Under Strickland v. Washington, the controlling federal law in this case, Robinson must establish that (1) counsel was deficient at the pre-sentence hearing, which (2) prejudiced Robinson’s defense so severely that it produced an unreliable result at trial. 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Robinson…

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