Joseph

Joseph v. Kane

Good Law
311 F. App'x 982
United States Court of Appeals for the Ninth CircuitFebruary 18, 2009No. 07-15224California567 words

Opinion

Lead Opinion

MEMORANDUM **

Darren Anthony Joseph appeals the District Court’s denial of his petition for writ of habeas corpus challenging his conviction. We affirm.

“A district court’s decision to grant or deny a petition for habeas corpus under 28 U.S.C. § 2254 is reviewed de novo.” Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). Pursuant to the Antiterrorism and Effective Death Penalty Act (“AEDPA”), a habeas petition “shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings *984 unless the adjudication of the claim ... resulted in a decision that 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)(1).

Under the Sixth Amendment, a criminal defendant has the right to effective assistance of counsel. Strickland v. Washington, 466 U.S. 668, 686 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). “First, the defendant must show that counsel’s performance was deficient.” Id. at 687 , 104 S.Ct. 2052 . “Judicial scrutiny of counsel’s performance must be highly deferential.” Id. “Second, the defendant must show that the deficient…

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