Davis
Davis v. Palmateer
Opinion
Lead Opinion
MEMORANDUM *
Jerry W. Davis, prisoner of the State of Oregon, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
Under 28 U.S.C. § 2254 (d), a federal court may not grant a petition for a writ of habeas corpus with respect to a claim adjudicated on the merits in state court (such as Davis’s ineffective assistance of counsel claim) unless the state court’s decision (1) was contrary to clearly established Federal law, as determined by the Supreme Court; (2) involved an unreasonable application of clearly established federal law, as determined by the Supreme Court; or (3) was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. The district court found that the state court’s decision on Davis’s ineffective assistance of counsel claim did not fall into any of these categories, and thus held that it could not grant Davis habeas relief. 1 Ac *856 cording to Davis, this was error, as the state court’s decision fell into all three categories. In Davis’s view, as…