Campbell

Campbell v. Gordon

Good Law
128 F. App'x 625
United States Court of Appeals for the Ninth CircuitApril 20, 2005No. 02-55856California362 words

Opinion

Lead Opinion

MEMORANDUM **

William Eugene Campbell appeals the district court’s denial of his petition for writ of habeas corpus. Campbell, convicted of second-degree robbery and resisting arrest, contends he received ineffective assistance of counsel because his counsel did not investigate two witnesses who, according to Campbell, would have provided Campbell an alibi for the evening the crimes occurred. The district court denied the petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The parties are familiar with the facts and we do not recite them except as necessary for our disposition. Campbell contends his trial attorney (appointed after Campbell’s first attorney withdrew due to a conflict of interest) provided ineffective assistance by failing to investigate whether Sherrie Fluker or Antoinette Davis could have provided Campbell with an alibi. Campbell presents an investigation report recounting an interview between Fluker and an investigator for Campbell’s first attorney. The report shows that Fluker was uncertain when she had last seen Campbell. Fluker remembered last seeing Campbell on a Tuesday or Wednesday; the crime was committed on Monday, July 15, 1996. The…

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