Medina

Medina v. Chastain

Good Law
48 F. App'x 696
United States Court of Appeals for the Ninth CircuitOctober 15, 2002No. 97-17284; D.C. No. CV-89-00369-GEBCalifornia420 words

Opinion

Lead Opinion

MEMORANDUM **

Manuel T. Medina, Sr., appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction in California state court for committing by force a lewd act upon a child under the age of fourteen. We have *697 jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

The issue certified for appeal is whether Medina received constitutionally ineffective assistance of counsel at trial. 1 Medina has made numerous allegations of deficient performance of counsel, which relate primarily to shortcomings in investigating, discovering and presenting evidence that, Medina argues, would have impeached the prosecution’s main witnesses, the victim and her mother. Medina’s counsel, however, did impeach those witnesses with many inconsistencies in their testimony, as well as with their potential for bias against Medina. The other impeachment evidence described by Medina would have done little to further discredit these witnesses. We therefore conclude that, even if the alleged evidence exists and even if counsel’s alleged failure to adequately investigate and present this evidence was deficient performance, there is no reasonable…

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