Kelly

Kelly v. Budge

Good Law
314 F. App'x 1
United States Court of Appeals for the Ninth CircuitJune 4, 2008No. 07-15548California519 words

Opinion

Lead Opinion

MEMORANDUM *

Jeremy B. Kelly was convicted by a jury of conspiracy, burglary, murder, and robbery. Kelly unsuccessfully appealed his convictions to the Nevada Supreme Court and unsuccessfully pursued habeas corpus relief in state court. He then filed a habe-as corpus petition in federal district court. Kelly appeals the denial of that petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm the district court.

We review a district court’s denial of a federal habeas corpus petition de novo. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). Pursuant to 28 U.S.C. § 2254 (d)(1), we must determine whether the decision of the Nevada Supreme Court was contrary to, or involved an unreasonable application of clearly established fed *2 eral law as determined by the United States Supreme Court.

Here, the Nevada Supreme Court concluded Kelly’s Sixth Amendment right to counsel was not violated by counsel’s alleged ineffectiveness. Kelly argued his counsel performed deficiently by failing to investigate his case. He claimed this deficient performance prejudiced him (1) by compelling him to testify in his own defense; (2) by allowing the prosecutor to present…

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