Roe

Washington v. Roe

Good Law
52 F. App'x 405
United States Court of Appeals for the Ninth CircuitDecember 12, 2002No. 02-55702; D.C. No. CV-96-08315-WDKCalifornia248 words

Opinion

Lead Opinion

MEMORANDUM **

Asa Washington (‘Washington”) appeals the denial of his federal habeas petition below on grounds that his trial counsel provided constitutionally ineffective assistance. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review de novo a district court’s decision to deny a § 2254 habeas petition. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002). However, because Washington sought habeas relief in federal district court after April 24, 1996, the Antiterrorism and Effective Death Penalty Act (“AEDPA”) also governs his petition. 28 U.S.C. § 2254 ; Killian, 282 F.3d at 1207 . We may grant federal habeas relief in cases adjudicated on the merits in state court only where (1) the disposition resulted in a decision contrary to, or involving an unreasonable application of, clearly established federal law as determined by the Supreme Court, or (2) the state court, in coming to its decision, relied on an unreasonable determination of the facts in light of the evidence presented. 28 U.S.C. § 2254 (d).

Based on the record, Washington has not shown how the state court ruling that denied his habeas petition alleging an ineffective assistance of counsel…

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