Keidel

Keidel v. Terry

Good Law
105 F. App'x 149
United States Court of Appeals for the Ninth CircuitJune 18, 2004No. 03-16787California579 words

Opinion

Lead Opinion

MEMORANDUM **

Lyle Eugene Keidel, an Arizona state prisoner, appeals the district court’s denial of his habeas corpus petition filed pursuant to 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), and we affirm.

*150 Keidel raised five ineffective assistance of counsel claims. 1 A showing of ineffective assistance of counsel requires: (1) identification of deficient acts or omissions by counsel that fall below objective standards of reasonableness; and (2) counsel’s deficient performance must have prejudiced the prisoner by creating a reasonable presumption that, absent any errors, the outcome would have been different. See Strickland v. Washington, 466 U.S. 668, 691-92 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).

Keidel contends ineffective assistance of counsel for failing to cross-examine Lori Romaneck, his daughter, and to impeach her testimony. We agree with the state court conclusion that these contentions fail because the decision not to cross-examine or impeach Romaneck after her emotional testimony was a reasonable trial strategy. See Gustave v. United States, 627 F.2d 901, 904…

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