Goeth
Goeth v. Stewart
Opinion
Lead Opinion
MEMORANDUM **
Arizona state prisoner Robert O. Goeth, serving a 27-year sentence for three counts of aggravated assault, appeals pro se the denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a 28 U.S.C. § 2254 petition, Mendez v. Small, 298 F.3d 1154, 1157-58 (9th Cir.2002), and affirm.
Goeth contends that trial counsel provided ineffective assistance on four grounds. In order to succeed on an ineffective assistance of counsel claim, a petitioner must demonstrate that counsel’s representation was deficient and that such deficiency prejudiced his or her defense. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).
His first contention, that his counsel failed to timely investigate and interview witnesses, fails because Goeth did not show with reasonable probability that additional witnesses would have changed the result of the proceeding. See id. at 693-94 .
*114 Second, Goeth contends that counsel failed to present a self-defense theory. This contention is unpersuasive because counsel made a reasonable tactical decision to argue mistaken identity so that Goeth would…