Jack

Jack v. McGrath

Good Law
143 F. App'x 42
United States Court of Appeals for the Ninth CircuitAugust 3, 2005No. 04-16124California301 words

Opinion

Lead Opinion

MEMORANDUM **

Jason Jack appeals the district court’s denial of his federal habeas corpus petition challenging his state convictions on two counts of first degree murder in connection with a gang-related slaying in 1994.

Jack first maintains that the state court’s rejection of his claim of ineffective assistance of counsel was an unreasonable application of Strickland v. Washington, 467 U.S. 1267 , 104 S.Ct. 3562 , 82 L.Ed.2d 864 (1984). Jack contends that his attorney did not properly prepare for trial and failed to adequately seek out and assess exculpatory witnesses. Jack’s attorney had, however, hired a private investigator who interviewed several witnesses. Jack has also not shown that the witnesses’ testimony would have produced a different result, and there are clear strategic reasons why his attorney may have decided not to interview or call certain witnesses, since their faculties were impaired at the time of the shooting. The state court’s determination that Jack suffered no prejudice under the Strickland standard is not an unreasonable application of that standard. Jack also relies on a witness’ recantation. He is not entitled to have a proffered recantation of a…

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.