Gould

Gould v. Hatcher

Good Law
125 F. App'x 802
United States Court of Appeals for the Ninth CircuitMarch 3, 2005No. 04-15592; D.C. No. CV-99-01120-PMPCalifornia2,593 words

Opinion

Lead Opinion

MEMORANDUM *

Cecil M. Gould appeals from the denial of his petition for habeas corpus filed pursuant to 28 U.S.C. § 2254 . In his petition, Mr. Gould presented seven claims. He contends that the district court erred in dismissing four of his claims with prejudice on the ground that they were procedurally defaulted under Nevada law. He also challenges the district court’s adverse rulings on his claim that his trial and appellate counsel ineffectively represented him and the rejection of his claim that the admission of evidence of the lessor child abuse charges violated his right to due process.

We affirm the order dismissing Mr. Gould’s claims as to Grounds 1, 2, 3, and 5(c) in his petition, as unexhausted and procedurally defaulted. We also conclude that the district court did not err in determining that there is no merit to Mr. Gould’s due process claim regarding the presentation of evidence in support of the lessor child abuse charges, and his contention that his trial counsel was ineffective because he failed to ensure that the State would preserve as evidence the clothing his daughter was wearing during a traffic stop on February 14, 1984, and because he failed to move to…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.