Pugh

Jackson v. Pugh

Good Law
111 F. App'x 451
United States Court of Appeals for the Ninth CircuitJuly 27, 2004No. 03-35479California883 words

Opinion

Lead Opinion

MEMORANDUM *

Gregory L. Jackson was convicted of first-degree murder and sentenced to fifty years in state prison. He appeals the district corut’s denial of his petition for a writ of habeas corpus based upon the alleged ineffective assistance of his trial *453 counsel. The district court certified the following issues for appeal: (1) counsel’s failure to conduct a pretrial investigation; (2) counsel’s failure to adequately prepare for trial; and (3) counsel’s failure to call Hurist Joubert and other witnesses to testify at trial. Jackson did not seek broader certification of appealability from this court. See 9th Cir. R. 22-l(d). We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

1. The district court correctly determined that this is an actual prejudice case under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), and not a case of presumed prejudice under United States v. Cronic, 466 U.S. 648 , 104 S.Ct. 2039 , 80 L.Ed.2d 657 (1984). Jackson was not completely denied counsel, nor did his trial counsel “ ‘entirely fail[] to subject the prosecution’s case to meaningful adversarial testing.’” Bell v. Cone, 535 U.S. 685, 697 , 122…

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