Doan
Doan v. Rosario
Opinion
Lead Opinion
MEMORANDUM **
California state prisoner Tuan Quoc Doan appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, challenging his jury-trial convictions for second degree murder, attempted murder, assault with a firearm, infliction of great bodily injury, and street terrorism. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.
Doan contends that his trial counsel was ineffective by failing to make discovery requests, presenting an unfavorable defense, and advising him not to testify in his own defense.
The district court correctly determined that even if the trial counsel would have filed more discovery motions, and presented a different defense, Doan has not established that, but for his counsel’s advice not to testify, there is a reasonable probability that the outcome would have been different since his proffered testimony would have resulted in the same second degree murder conviction. Strickland v. Washington, 466 U.S. 668, 687-688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (requiring that a petitioner demonstrate his counsel was ineffective by establishing that his counsel’s deficient performance prejudiced his defense).