Lewis

Lewis v. Larkin

Good Law
74 F. App'x 711
United States Court of Appeals for the Ninth CircuitJuly 24, 2003No. 02-17006; D.C. No. CV-02-00241-WDBCalifornia282 words

Opinion

Lead Opinion

MEMORANDUM **

Arizona state prisoner Jason Johnathan Lewis appeals pro se the district court’s denial of his 28 U.S.C. § 2254 habeas petition, which challenges his conviction and life sentence for first-degree murder and kidnaping. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a). Reviewing de novo, Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Lewis contends that his trial counsel provided ineffective assistance because she incorrectly believed that under Arizona law, the state was required to disprove Lewis’s defense of self-defense beyond a reasonable doubt. See Ariz.Rev.Stat. § 13-205(A) (providing that the burden is on the defendant to prove self-defense by a preponderance). The Arizona Court of Appeals rejected this claim, reasoning that although counsel’s performance was deficient, Lewis had not shown prejudice. This state court decision was neither contrary to nor an unreasonable application of clearly established federal law. See 28 U.S.C. § 2254 (d)(1); Early v. Packer, 537 U.S. 3 , 123 S.Ct. 362, 365-66 , 154 L.Ed.2d 263 (2002) (per curiam); Strickland v. Washington, 466 U.S. 668, 687-88, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (holding…

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