Joshua Hernandez v. Anthony Hedgpeth

MEMORANDUM

Petitioner, Joshua Nathan Hernandez, appeals the district court’s denial of his petition for habeas corpus, brought pursuant to 28 U.S.C. § 2254 , alleging ineffective assistance of counsel. On de novo review, Stanley v. Schriro, 598 F.3d 612, 617 (9th Cir.2010), we affirm.

Because Petitioner filed his petition after April 24, 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA) of 1996 governs review of his claims. Under AEDPA, 28 U.S.C. § 2254 (d), our review is highly deferential. Harrington v. Richter, -U.S.-, 131 S.Ct. 770, 785 , 178 L.Ed.2d 624 (2011). The California Supreme Court denied Petitioner’s ineffective assistance claim summarily, so we must decide what theories could have supported the state court’s decision and then ask whether fair-minded jurists could conclude that those theories followed applicable Supreme Court precedents. Id. at 786 .

Petitioner’s trial counsel obtained the assistance of three mental health experts, including one psychiatrist, whose qualifications are not in question. Counsel gave the experts some background materials, including a discharge summary from the Atascadero State Hospital and writings by Petitioner. Counsel…