Grubb

Grubb v. Woodford

Good Law
105 F. App'x 142
United States Court of Appeals for the Ninth CircuitJune 16, 2004No. 03-56462California485 words

Opinion

Lead Opinion

MEMORANDUM ***

Donald Wilson Grubb (Grubb), a California state prisoner now on parole, appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253 and we affirm.

We review de novo the district court’s denial of Grubb’s habeas petition. Hatton v. Bonner, 356 F.3d 955, 961 (9th Cir. 2004).

A. Ineffective Assistance of Counsel

Grubb claims he was deprived of the effective assistance of counsel when he entered a guilty plea to the charge of failing to register as a sex offender pursuant to California Penal Code § 290. Grubb contends that counsel was ineffective for failing to contest the sufficiency of the arrest warrant, for failing to request a probation report, for advising him that he had no viable defenses, and for advising him that he faced a possible life sentence. Where a defendant enters a plea, the voluntariness of the plea is affected by whether the *144 defendant received effective assistance of counsel. See Hill v. Lockhart, 474 U.S. 52, 56-57 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985). To prevail, the defendant must show that counsel’s performance was deficient and…

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