Fisher

Fisher v. Stewart

Good Law
51 F. App'x 767
United States Court of Appeals for the Ninth CircuitDecember 4, 2002No. 01-16883; D.C. No. CV-01-00154-WDBCalifornia413 words

Opinion

Lead Opinion

MEMORANDUM **

John Edward Fisher, an Arizona state prisoner, 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, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), and we affirm.

First, Fisher contends that he received ineffective assistance of trial counsel because counsel failed to object to portions of the government’s closing argument. We disagree. Because the prosecutor’s remarks were not egregious misstatements, Fisher cannot show how counsel was ineffective for failing to object. See United States v. Necoechea, 986 F.2d 1273, 1281 (9th Cir.1993) (stating that the failure to object during closing argument is generally within the range of permissible professional legal conduct).

Second, Fisher contends that he received ineffective assistance of appellate counsel because counsel failed to raise several issues. We are unpersuaded. Fisher fails to demonstrate that counsel was deficient for failing to raise these issues, see Miller v. Keeney, 882 F.2d 1428, 1433-34 (9th Cir.1989) (recognizing that appellate counsel has no constitutional obligation to raise all nonfrivolous issues), or that there…

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