Willie Harris v. Scott Kernan

MEMORANDUM

Petitioner-Appellant Willie Harris appeals the district court’s denial of his 28 U.S.C. § 2254 Petition for Writ of Habeas Corpus challenging his conviction of first degree murder, possession of a firearm by a felon, and evading an officer. Harris contends that his trial counsel provided ineffective assistance by (1) failing to object to prosecutorial argument that commented on Harris’ failure to testify in violation of Griffin v. California, 380 U.S. 609, 615 , 85 S.Ct. 1229 , 14 L.Ed.2d 106 (1965), and (2) misstating the facts during closing argument. He argues that the California Court of Appeal’s decision to deny habeas relief on the ineffective assistance of counsel claim was based on an unreasonable application of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). We have jurisdiction under 28 U.S.C. § 2253 and we affirm.

1. The California Court of Appeal reasonably concluded that the prosecutor’s comments addressed the failure of defense counsel to introduce material evidence or call witnesses, and did not call attention to Harris’ failure to testify. See Hovey v. Ayers, 458 F.3d 892, 912 (9th Cir.2006) (“[A] prosecutor’s indirect…