Howard E. Hughes v. John Ignacio, Warden, Nevada State Prison

83 F.3d 427 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Howard E. HUGHES, Petitioner-Appellant, v. John IGNACIO, Warden, Nevada State Prison, Respondent-Appellee. No. 95-16478. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 10, 1996. Decided April 24, 1996. Before: HUG, Chief Judge, D.W. NELSON and FERNANDEZ, Circuit Judges. 1 MEMORANDUM * 2 Howard Hughes appeals the district court's denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254 . He contends that he was denied effective assistance of counsel because his lawyer failed to interview alibi witnesses in a timely fashion. We affirm. 3 Hughes' claim of ineffective assistance of counsel relies entirely upon his assertion that counsel was required to interview possible alibi witnesses immediately, rather than waiting four to five months to do so. It is by now a commonplace that "[a] defendant claiming ineffective assistance of counsel must demonstrate that counsel's…