Morgan

United States v. Morgan

Good Law
86 F. App'x 268
United States Court of Appeals for the Ninth CircuitDecember 24, 2003No. 02-16595; D.C. Nos. CV-99-01345-RCB, CR-97-00012-1-RCBCalifornia538 words

Opinion

Lead Opinion

MEMORANDUM **

Lonnie Morgan argues that he was denied effective assistance of counsel for failure to put on a transcript of his girlfriend’s testimony at his detention hearing along with other supporting evidence. 1 In order to prevail on a claim of ineffective assistance of counsel, Morgan must show (1) that specific acts or omissions of counsel fell below an objective standard of reasonableness, and (2) that he was prejudiced by these acts. Strickland v. Washington, 466 U.S. 668, 687-88 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). He must show a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Id. at 694 . In reviewing defense counsel’s performance, a court must strongly presume that counsel’s conduct was within the wide range of reasonable assistance, and that he exercised acceptable professional judgment in all significant decisions made. Id. at 689 .

Even if Morgan’s trial counsel had done all of the things which Morgan claims would have exculpated him, the entirety of his story still has too many holes to be a credible alternative. The declarations of Morgan’s friend and his sister, even if offered at trial and…

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