Lockyer

Casey F. v. Lockyer

Good Law
44 F. App'x 125
United States Court of Appeals for the Ninth CircuitAugust 2, 2002No. 99-17482; D.C. No. CV-99-01351-CALCalifornia738 words

Opinion

Lead Opinion

MEMORANDUM *

Casey F. appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his convictions for rape, forcible penetration and forcible oral copulation. He argues that he was denied effective assistance of counsel in violation of the Sixth Amendment. See Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

We review the district court’s decision to deny a § 2254 habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). Casey’s petition, filed after April 24, 1996, is subject to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Under AEDPA, we can reverse a state court’s decision denying relief only if the decision either was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or “based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding.” 28 U.S.C. § 2254 (d). Casey must show both that his counsel’s performance was constitutionally deficient and…

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