Gonzalez

Gonzalez v. Morgan

Good Law
127 F. App'x 243
United States Court of Appeals for the Ninth CircuitMarch 16, 2005No. 03-35084California1,377 words

Opinion

Lead Opinion

MEMORANDUM *

Elias Gonzalez appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Gonzalez was convicted in state court for one count of first degree murder, three counts of first degree assault, two counts of first degree robbery, one count of first degree attempted robbery, one count of first degree attempted burglary, and one count of third degree theft. As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition.

Gonzalez raises five constitutional claims in his petition: (1) illegal search and seizure of drug evidence, in violation of the Fourth Amendment, as incorporated against the States through the Fourteenth Amendment (2) suppression by the prosecution of evidence favorable to Gonzalez, in violation of the Fourteenth Amendment’s *245 Due Process Clause, (3) extreme delay in Gonzalez’s direct appeal, in violation of the Fourteenth Amendment’s Due Process Clause, (4) ineffective assistance of counsel at trial, in violation of the Sixth Amendment, as incorporated against the States through the Fourteenth Amendment’s Due Process Clause, and (5) ineffective…

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