Clewis

Clewis v. McDaniel

Good Law
78 F. App'x 1
United States Court of Appeals for the Ninth CircuitJuly 30, 2003No. 03-15064; D.C. No. CV-00-00119-DWH/VPCCalifornia558 words

Opinion

Lead Opinion

MEMORANDUM **

Marc C. Clewis appeals the dismissal of his petition for a writ of habeas corpus. *2 We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Following an attempted jail break, Clewis was convicted by a Nevada jury of attempted escape with a deadly weapon, battery with a deadly weapon, and damaging jail property. Clewis was found not guilty of attempted murder. Clewis’s state petition for a writ of habeas corpus was denied. The Nevada Supreme Court dismissed Clewis’s habeas appeal. Clewis files this appeal from the denial of his federal petition for a writ of habeas corpus.

We review a district court’s denial of a petition for a writ of habeas corpus de novo. Wade v. Terhune, 202 F.3d 1190, 1194 (9th Cir.2000). Under AEDPA,

28 U.S.C. § 2254 (d).

We agree with the district court that the state court ruling relating to ineffective assistance of counsel for failure to call Shane Morrow was not contrary to or an unreasonable application of clearly established federal law and was not an unreasonable determination of the facts in light of the evidence. The failure to call Sebastian Shortt did not constitute ineffective assistance of counsel as the testimony went…

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