Martin

Martin v. Carey

Good Law
105 F. App'x 900
United States Court of Appeals for the Ninth CircuitJuly 9, 2004No. 03-16273; D.C. No. CV-02-01137-WBSCalifornia755 words

Opinion

Lead Opinion

*901 MEMORANDUM *

Appellant Andrew Martin appeals the district court’s denial of his petition for a writ of habeas corpus. Martin argues that the attorney who negotiated the plea in which he pleaded no contest to a count of heroin possession rendered ineffective assistance. Martin bases this claim on several theories, none of which is sufficient to support the claim.

We review the district court’s denial of the habeas petition de novo. Clark v. Murphy, 331 F.3d 1062, 1067 (9th Cir. 2003). Because this case is governed by the Antiterrorism and Effective Death Penalty Act of 1996, Martin’s habeas petition may be granted only if the state court decision on the merits of the habeas claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented. 28 U.S.C. § 2254 (d); Williams v. Taylor, 529 U.S. 362, 405-06 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). We “look through” the California Supreme Court’s one-sentence denial of the writ to the last reasoned decision, which, in this case is the decision of…

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