Doan

Doan v. Rosario

Good Law
68 F. App'x 828
United States Court of Appeals for the Ninth CircuitJune 20, 2003No. 02-57068; D.C. No. CV-02-04444-LGBCalifornia384 words

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).

Because…

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