Wootton

Wootton v. Lambert

Good Law
29 F. App'x 446
United States Court of Appeals for the Ninth CircuitJanuary 2, 2002No. 01-35511; D.C. No. CV-00-05086-RHWCalifornia478 words

Opinion

Lead Opinion

MEMORANDUM **

Washington state prisoner Robert W. Wootton appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for custodial assault, malicious mischief, and first degree escape. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the district court’s denial of habeas corpus relief, see Wildman v. Johnson, 261 F.3d 832, 836 (9th Cir.2001), and we affirm.

Wootton contends that he was denied his Sixth Amendment right to counsel because his attorney was not present at his two arraignments. We are persuaded otherwise.

We may not grant habeas relief unless the state court adjudication of the merits of Wootton’s claim “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.” See 28 U.S.C. § 2254 (d); Williams v. Taylor, 529 U.S. 362, 385-86 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000); Van Tran v. Lindsey, 212 F.3d 1143, 1153-54 (9th Cir.) (defining “unreasonable application” as involving situations where the state court has committed clear error), cert. denied, 531 U.S. 944 , 121 S.Ct. 340…

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