Hall

Hall v. Lewis

Good Law
99 F. App'x 829
United States Court of Appeals for the Ninth CircuitJune 2, 2004No. 03-16241California1,263 words

Opinion

Lead Opinion

MEMORANDUM *

Waymond Hall appeals the denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Hall is currently serving a thirty-four year sentence for his convictions by a jury of robbery, attempted robbery, false imprisonment, and possession of a firearm in connection with those offenses. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

STANDARD OF REVIEW

We review de novo the district court’s denial of Hall’s habeas petition. Luna v. Cambra, 306 F.3d 954, 959 (9th Cir.2002), amended by 311 F.3d 928 (9th Cir.2002). We also review de novo Hall’s ineffective assistance of counsel claim, which presents a mixed question of law and fact. See Jennings v. Woodford, 290 F.3d 1006, 1011 (9th Cir.2002), cert. denied, — U.S. -, 123 S.Ct. 2638 , 156 L.Ed.2d 655 (2003). We review the district court’s factual findings for clear error. McClure v. Thompson, 323 F.3d 1233, 1240 (9th Cir.2003).

Under the Antiterrorism and Effective Death Penalty Act (AEDPA), § 2254 petitions “shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of…

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