Markay

Markay v. Lockyer

Good Law
58 F. App'x 751
United States Court of Appeals for the Ninth CircuitMarch 18, 2003No. 02-15931; D.C. No. CV-99-01479-GEB/GGHCalifornia387 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Jerome Markay appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging his conviction for two counts of battery on a non-prisoner. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Markay first contends that his trial counsel was ineffective for failing to prepare a defense, to interview witnesses, and to object to a witness’ testimony. Because this contention is belied by the record, Markay fails to demonstrate counsel’s performance was outside the wide range of reasonable assistance. See Strickland v. Washington, 466 U.S. 668, 687-688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (deciding that a petitioner demonstrates his counsel was ineffective by establishing that his counsel’s performance was deficient, and that the deficient performance prejudiced his defense).

To the extent Markay alleges that his Sixth Amendment right to self-representation was hindered by inadequate library access, this contention fails. Markay fails to demonstrate that any alleged denial of adequate library access by the trial court prejudiced his right to self-representation, since he had his…

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