Pereida
Pereida v. Del Papa
Opinion
lead Opinion
*694 MEMORANDUM **
Marcos Pereida petitions for habeas corpus relief from his Nevada state court convictions for conspiracy to commit robbery, attempted robbery with the use of a deadly weapon, and attempted murder with a deadly weapon. He argues that his counsel was ineffective because he did not investigate witnesses or hire an investigator. Because the Nevada Supreme Court’s decision that there was no prejudice was not an unreasonable application of Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), we will affirm.
The Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. § 2254 (d), provides for habeas corpus relief upon a showing that the Nevada Supreme Court’s order of affirmance:
AEDPA mandates a highly deferential standard for reviewing the last reasoned state court determination. See Ylst v. Nunnemaker, 501 U.S. 797, 803-04 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991); Avila v. Galaza, 297 F.3d 911, 918 (9th Cir.2002). To prove ineffective assistance of counsel, Pereida must show a deficiency of performance by counsel and show that the deficiency led to errors “so serious as to deprive the defendant of a fair trial, a…