Varela

MEMORANDUM ***

This is an appeal from the denial of a habeas petition ( 28 U.S.C. § 2254 ), filed by Carlos Varela, an Arizona state prisoner seeking to set aside, on grounds of alleged ineffective assistance of trial counsel, his conviction on two counts of child molestation and one count of sexual abuse of a child, and his resultant consecutive sentences of 15 years, 17 years, and life with eligibility for parole after 35 years. The District Court denied the petition without holding an evidentiary hearing. The District Court granted a certificate of appeal-ability with respect to two claims of ineffectiveness of counsel, but declined to grant a certificate of appealability on the lack of an evidentiary hearing.

PROCEDURAL HISTORY

Appellant Varela was tried in 1988 on charges of molesting and sexually abusing his niece. The initial alleged molestation took place when the niece was five; the sexual abuse when she was thirteen.

Prior to trial, the trial judge heard argument on two in limine prosecution motions to preclude the introduction by the defense of character testimony with respect to three of the prosecution’s witnesses — Sonya Gallardo, the alleged victim; Cynthia…