Catlin

Catlin v. Henry

Good Law
76 F. App'x 818
United States Court of Appeals for the Ninth CircuitSeptember 29, 2003No. 02-17201; D.C. No. CV-98-2049-MCECalifornia379 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner Preston Roosevelt Catlin (“Catlin”) appeals the denial of his 29 U.S.C. § 2254 habeas corpus petition challenging his conviction and his sentence of life without parole plus four years. More specifically, Catlin contends: (1) his trial counsel rendered ineffective assistance by failing to voir dire potential jurors on the issue of racial basis; (2) his trial counsel was ineffective in failing to move for change of venue; and (3) that the trial court failed to ensure an unbiased jury.

The Court concludes there was no ineffective assistance with respect to the voir dire of jurors about race since Catlin failed to proffer any evidence as to actual bias, and there was no showing that a different result would have occurred had counsel questioned the jury panel concerning their attitude(s) toward race. Indeed, not only was the circumstantial evidence against Catlin overwhelming; but, because “one black person ultimately served on the jury, Catlin’s jury panel composition was exactly 1 to 11 — the same ratio as defense counsel for Catlin alleged the state’s racial distribution to be.” Brief for Appellee at 14.

Moreover, there was no ineffective assistance in…

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