Castillo

Castillo v. Small

Good Law
93 F. App'x 135
United States Court of Appeals for the Ninth CircuitMarch 12, 2004No. 02-57127; D.C. No. CV-98-09051-FMCCalifornia777 words

Opinion

Lead Opinion

MEMORANDUM *

Adana Castillo appeals the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 . Castillo was convicted of state charges of first degree murder and assault with a firearm, in violation of California Penal Code Sections 187(a) and 245(a)(2), respectively. In his petition, Castillo claims that he received ineffective assistance of counsel at trial because trial counsel did not request a “pinpoint” jury instruction on premeditation and deliberation, and did not call an expert witness to testify on the effects of ingesting phencyclidine (PCP). We have jurisdiction under 28 U.S.C. § 2253 (a) and affirm.

Criminal defendants are guaranteed the right to effective assistance of counsel under the Sixth Amendment to the United States Constitution. Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). To establish that Castillo was deprived of effective assistance of counsel, Castillo must demonstrate that trial counsel’s performance fell below an objective standard of reasonableness, 2 and that counsel’s defective performance actually prejudiced him. Id. at 688, 693 , 104 S.Ct. 2052…

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