Bennett

Bennett v. Stewart

Good Law
18 F. App'x 598
United States Court of Appeals for the Ninth CircuitSeptember 4, 2001No. 99-35705; D.C. No. CV-98-05589-RJBCalifornia555 words

Opinion

Lead Opinion

MEMORANDUM *

Bruce L. Bennett appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition in which he challenged his 1994 convictions for second degree murder and second degree robbery. We affirm.

*599 At his trial, with counsel’s aid, Bennett managed to dodge aggravated first degree murder and lesser included first degree murder charges, but was found guilty of second degree murder and second degree robbery. However, along the way counsel made a slip, which allowed evidence of a prior offense to come in, and gave the prosecution an opportunity to argue about that offense before the jury. Bennett, thus, claims that he is entitled to have the writ issue to set aside his conviction. We disagree.

No doubt counsel blundered in a manner that satisfied the first element of the Strickland test. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). However, beyond that Bennett must still show “that there is a reasonable probability that, but for counsel’s unprofessional error[ ], the result of the proceeding would have been different.” Id. at 694 , 104 S.Ct. at 2068 . The admission of prior convictions can be…

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