Bobb
Bobb v. Helling
Opinion
Lead Opinion
MEMORANDUM *
Clifton Vernon Bobb (“Bobb”) appeals the district court’s denial of his petition for a writ of habeas corpus, filed under 28 U.S.C. § 2254 , which challenged his conviction for first degree murder with the use of a deadly weapon, accessory to murder, and conspiracy to commit murder. We affirm.
Bobb claims that his trial counsel, Jeffrey Morrison (“Morrison”), was ineffective because he failed to conduct a full investigation before proceeding to trial. To prevail on his claim, Bobb must establish (1) that Morrison’s representation was outside the wide range of professionally competent assistance, and (2) Bobb was prejudiced by Morrison’s representation. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).
We assume for purposes of this decision that Morrison’s investigation was inadequate because he failed to develop impeachment evidence properly, to investigate the prosecution’s witness adequately, and proceeded to trial without asking for a continuance. See Rios v. Rocha, 299 F.3d 796, 805 (9th Cir.2002); Silva v. Woodford, 279 F.3d 825, 840 (9th Cir.2002) (“[A] lawyer’s duty to investigate is virtually absolute, regardless of…