Terhune

MEMORANDUM ***

The state of California appeals the district court’s order granting pro se California state prisoner Jack Orlando Johnson’s 28 U.S.C. § 2254 (2000) habeas corpus petition. Johnson was convicted by a jury of robbery, kidnaping to commit robbery, and kidnaping. His habeas petition alleges ineffective assistance of trial counsel on the ground that his attorney faded to investigate his mental status prior to trial. He alleges that an investigation would have revealed that he suffers from post-traumatic stress disorder, which could have been used to show that he lacked the intent to commit the charged offenses and was not competent to stand trial. The district court 1 determined that defense counsel’s conduct violated Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), in that his representation was deficient and the deficiency was prejudicial to Johnson. The district court further determined that the state appellate court’s denial of Johnson’s ineffective assistance claim was an unreasonable application of Strickland , and that habeas relief was appropriate under § 2254(d)(1). We conclude that the state court did not unreasonably apply…