Woodroffe

Woodroffe v. Lampert

Good Law
140 F. App'x 653
United States Court of Appeals for the Ninth CircuitJuly 26, 2005No. 04-35741California756 words

Opinion

Lead Opinion

MEMORANDUM ***

Woodroffe argues that his plea was not knowing and voluntary 1 because his agreement was for combined sentencing of both his guilty plea offenses and his robbery, if he was convicted after trial. His theory is that he would then have received credit for *654 time served from the Department of Corrections against all the sentences, but because he was sentenced on the guilty plea offenses before the robbery trial, his credit for time served applied only to the guilty plea offenses.

He argues that there is nothing to defer to in the state court decision, because it missed the issue. Though terse and inclusive of Woodroffe’s whole shotgun-load of issues, the state circuit court decision, affirmed by the state appellate court, did indeed say that Woodroffe had not established his claims. The state decision is not an “unreasonable determination of the facts in light of the evidence presented in the State Court proceedings.” 2 Nor would it change the outcome had the Oregon Circuit Court not meant to speak to the contention before us, because Woodroffe has not demonstrated that Oregon acted contrary to the Supreme Court decision entitling him to the benefit of his plea…

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