Powell

Powell v. Lehman

Good Law
177 F. App'x 711
United States Court of Appeals for the Ninth CircuitApril 24, 2006No. 05-35532California1,197 words

Opinion

lead Opinion

MEMORANDUM *

Defendant Jerome Powell, a prisoner of the State of Washington, appeals the district court’s denial of his federal habeas petition. Powell was convicted in 1982 in state court of murder in the first degree. 1 Because we conclude that none of Powell’s claims presents reversible error, we affirm the district court’s denial of the habeas petition.

Under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), Powell is not eligible for habeas relief unless the decision of the state appellate court was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d). For his claims of ineffective assistance of counsel, Powell must show that his counsel’s performance was deficient and “fell below an objective standard of reasonableness.” Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Powell must also show that “there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Id. at 694 , 104 S.Ct. 2052 . “A reasonable probability is a probability…

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Powell · Ninth Circuit Court of Appeals · 2006 | Caselegis