Segade

Segade v. Lamarque

Good Law
55 F. App'x 485
United States Court of Appeals for the Ninth CircuitFebruary 4, 2003No. 01-16575; D.C. No. CV-97-05500-REC(LJO)California509 words

Opinion

Lead Opinion

MEMORANDUM *

Frank Segade (“Petitioner”), a California prisoner, appeals the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) limits the scope of appellate review to those issues specified in the Certificate of Appealability (“COA”). 28 U.S.C. § 2253 (c); Hiivala v. Wood, 195 F.3d 1098, 1102-03 (9th Cir. 1999) (per curiam). COAs are granted on an issue-by-issue basis. Thus, appellate review is limited to certified issues alone. Id.

After denying the writ, the district court issued a COA sua sponte “with respect to each of petitioner’s claims of denial of effective assistance of counsel raised in petitioner’s petition for writ of habeas corpus.” Those claims included the following: 1) counsel failed to present evidence on whether Petitioner could hear the victim say he was going to the bank to get money; 2) counsel failed to present evidence that the victim had been aggressive with a stranger in the past; 3) counsel undermined Petitioner’s credibility by contradicting his testimony; 4) counsel failed to present evidence…

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