Wright
Wright v. Stewart
Opinion
Lead Opinion
*608 MEMORANDUM **
Dennis Ray Wright appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for armed robbery. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
I
Wright argues that his trial counsel provided ineffective assistance by not renewing his motion for judgment of acquittal on insufficiency of evidence grounds following the jury’s verdict. He similarly argues that his appellate counsel provided ineffective assistance by failing to appeal the trial court’s denial of his motion for judgment of acquittal. Finally, Wright contends that the state court erred when it allowed additional testimony from the victim bank teller during post-conviction proceedings on the ineffective assistance claims, and that this court must independently review the record rather than defer to the state court decision.
To prevail on a claim of ineffective assistance of counsel, Wright must show both that counsel’s performance was deficient, and that the deficient performance prejudiced the defense. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). In reviewing a sufficiency of the…