Wilson

Wilson v. Ayers

Good Law
315 F. App'x 27
United States Court of Appeals for the Ninth CircuitNovember 24, 2008No. 07-15219California289 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Marcus D. Wilson appeals from the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his guilty-plea conviction. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Wilson contends that his counsel was ineffective for failing to bring a motion to suppress challenging a probation search of his apartment because the search was a subterfuge for a criminal investigation and was conducted without reasonable suspicion. We conclude that Wilson cannot demonstrate prejudice because the Supreme Court held, subsequent to Wilson’s guilty plea, that the subjective intent of officers conducting a probation search is not relevant. See United States v. Knights, 534 U.S. 112, 121-22 , 122 S.Ct. 587 , 151 L.Ed.2d 497 (2001); see also Williams v. Taylor, 529 U.S. 362, 392 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). Moreover, the probation search was supported by reasonable suspicion in light of a witness statement and Wilson’s admission. See Knights, 534 U.S. at 122 , 122 S.Ct. 587 ; United States v. Stokes, 292 F.3d 964, 967-68 (9th Cir.2002).

Accordingly, the state court’s decision rejecting this claim was not contrary to,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.