Myers

Myers v. Terhune

Good Law
20 F. App'x 682
United States Court of Appeals for the Ninth CircuitSeptember 25, 2001No. 00-56505; D.C. No. CV-98-00215-VAP (E)California344 words

Opinion

Lead Opinion

MEMORANDUM **

*683 California State prisoner Alan Richard Myers appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, which challenged his first degree murder conviction. We affirm.

Myers claims that his trial attorney did not perform a sufficient investigation and thereby deprived him of his right to the effective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052, 2064 , 80 L.Ed.2d 674 (1984). The state courts found to the contrary, but Myers contends that we should still grant relief because they applied the law improperly. See 28 U.S.C. § 2254 (d); Williams v. Taylor, 529 U.S. 362, 401-09 , 120 S.Ct. 1495, 1518-21 , 146 L.Ed.2d 389 (2000); Nguyen v. Lindsey, 232 F.3d 1236, 1239-40 (9th Cir.2000). We have reviewed the record and we disagree.

As the state courts and the district court decided, counsel certainly did quite enough under the circumstances to bring his actions within the broad range of conduct that we consider reasonable professional assistance. Strickland, 466 U.S. at 690 , 104 S.Ct. at 2065 . Myers’ suggestion that counsel could have done more does not change that; a claim of that kind can almost…

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