Davis

MEMORANDUM **

Nevada state prisoner Jimmie Davis (“Davis”) appeals the district court’s order denying his 28 U.S.C. § 2254 petition for writ of habeas corpus — challenging his 1988 guilty plea conviction and life sentence without parole for first degree murder. More specifically, Davis contends the district court erred in ruling that his plea of guilty to first degree felony murder was knowing and voluntary. Davis also contends that the district court erred in dismissing his claim that defense counsel was ineffective for failing to: (1) advise him of his right to perfect an appeal on his behalf; (2) file pre-trial motions on his behalf— prior to the entry of his guilty plea; and (3) conduct an independent investigation and/or prepare a meaningful defense.

The district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas petition is reviewed de novo. See Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002).

I

We reject Davis’ contention that his confession was not knowing and voluntary due to Davis’ alleged lack of knowledge about the elements of felony murder. As described below, however, his plea was constitutionally defective for having been entered on the advise of…