Sayles

MEMORANDUM **

Pierre L. Sayles appeals the district court’s denial of his 28 U.S.C. § 2254 ha-beas corpus petition challenging his conviction for battery with intent to commit sexual assault and three counts of sexual assault. Sayles contends that he received ineffective assistance of counsel because his trial counsel twice failed to object during closing argument when the prosecutor mischaracterized his blood type as A positive.

To prevail on a claim of ineffective assistance of counsel, Sayles must establish that (1) his trial counsel’s performance was deficient; and (2) he was prejudiced by his counsel’s deficient performance. Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Sayles can prove prejudice only by showing “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 .

The jury heard the following evidence at trial. The victim repeatedly identified Sayles as the rapist. A neighbor saw Sayles hurriedly exit the victim’s apartment minutes before the visibly battered victim asked the neighbor for help. Analysis of the rape…