Emilio Blea v. Mark Nooth

MEMORANDUM

Petitioner-appellant Emilio J. Blea (“Blea”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction for aggravated murder, in violation of Or.Rev.Stat. § 163.095, and robbery in the first degree, in violation of Or.Rev.Stat. § 164.415. Blea claims that the advice provided by his trial counsel was constitutionally inadequate, thereby rendering his guilty plea to aggravated murder unknowing and involuntary. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The Oregon state court’s rejection of Blea’s claim was neither contrary to nor an unreasonable application of clearly established federal law, and was not based on an unreasonable determination of the facts. See 28 U.S.C. § 2254 (d); Hill v. Lockhart, 474 U.S. 52, 58-59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). According to Blea, his counsel failed to explain that aggravated murder requires intent to kill the victim and, further, that if he lacked such intent, he could only be convicted of felony murder (a lesser-included offense). But Blea’s self-serving statements during post-conviction proceedings cannot overcome his admissions before the trial court and in…