Terry

Terry v. Palmateer

Good Law
74 F. App'x 753
United States Court of Appeals for the Ninth CircuitAugust 26, 2003No. 02-35964; D.C. No. CV-00-00586-JPCCalifornia624 words

Opinion

Lead Opinion

MEMORANDUM *

Oregon state prisoner, Nathaniel Terry, appeals the district court’s dismissal of his 28 U.S.C. § 2254 habeas petition, which challenged his conviction for aggravated *754 murder. We affirm the district court’s dismissal because the state court’s ruling was neither contrary to or an unreasonable application of clearly established Federal law. 28 U.S.C. § 2254 (d).

Terry was charged with four counts of aggravated murder, four counts of kidnaping in the first degree, rape in the first degree, burglary in the first degree and sexual abuse in the first degree. In exchange for life imprisonment without the possibility of parole, he entered a guilty plea to one count of aggravated murder. The remaining counts were dismissed. One condition of the plea agreement was that Terry waived the right to seek any state or federal post-conviction relief or habeas corpus, and all rights of appeal. Terry contends that he was denied effective assistance of counsel and that his plea was involuntary.

Terry first argues that no deference should be given to the post-conviction court’s findings because a credibility determination was made without hearing him testify. We disagree. In this…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.