Dailey

Dailey v. Savage

Good Law
34 F. App'x 247
United States Court of Appeals for the Ninth CircuitDecember 27, 2001No. 00-17278; D.C. No. CV-97-00883-RCBCalifornia548 words

Opinion

Lead Opinion

MEMORANDUM **

Roy Lee Dailey appeals the district court’s denial of his 28 U.S.C. § 2254 petition challenging his convictions for sexual exploitation of a minor. The district court granted a certificate of appealability as to whether Dailey received ineffective assistance of counsel at trial. We have jurisdiction under 28 U.S.C. § 2253 . We review de novo, see Hasan v. Galaza, 254 F.3d 1150, 1153 (9th Cir.2001), and we affirm.

Dailey raises three claims of ineffective assistance of counsel at trial. Habeas relief may not be granted however, unless the state court’s adjudication of these claims “involved an unreasonable ap *248 plication of [Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) ],” or “was based on an unreasonable determination of the facts in light of the evidence presented.” See 28 U.S.C. 2254(d); Weighall v. Middle, 215 F.3d 1058, 1060 (9th Cir.2000) (stating that the relevant “clearly established Federal law” referred to in section 2254(d) is Strickland when the petitioner’s claim is ineffective assistance of counsel). To prevail, under Strickland, Dailey must show that his counsel’s performance was deficient and it prejudiced the…

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