Buirst

MEMORANDUM *

Habeas petitioner Alexander Li Buirst was convicted in California state court of several counts arising out of his sexual assault of Michael S., then a sixteen year old boy, at a state park campground. The government presented some physical evidence, but the heart of the government’s case was Michael S.’s testimony. Trial counsel, however, did not extensively investigate Michael S.’s life for a motive to accuse Buirst falsely or for other impeachment evidence. Following Buirst’s conviction, habeas counsel diligently investigated Michael S.’s juvenile court records and employment history and found potential impeachment evidence, including statements by several people close to Michael S. that he was a habitual liar. He also learned that Michael S. was in trouble with his family, employer, and the law at the time of the incident.

Buirst appeals the district court’s denial of his habeas petition based on ineffective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Because the state court has already denied him relief on this ground, we may only grant the writ if we find that the state court’s ruling on both…