Turner

Turner v. Runnels

Good Law
322 F. App'x 525
United States Court of Appeals for the Ninth CircuitApril 17, 2009No. 08-55313California612 words

Opinion

Lead Opinion

MEMORANDUM **

Michael Turner, a state prisoner, petitions for review of the district court’s denial of his petition for the writ of habeas corpus. 1 Because Turner’s petition was filed after April 24,1996, the Antiterrorism and Effective Death Penalty Act applies. Chein v. Shumsky, 373 F.3d 978, 983 (9th Cir.2004) (en banc). We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

Turner was convicted in the California Superior Court of one count of arson of an inhabited structure, CaLPenal Code § 451(b), one count of first degree burglary, id. § 459, and one count of making a terrorist threat, id. § 422. With enhancements for taking, damage, or destruction of property with a value exceeding $50,000, id. § 12022.6(b), and for a prior serious felony conviction, id. §§ 667, 1170.12, Turner was sentenced to a term of imprisonment of twenty-three years and four months.

We agree with the district court that trial counsel’s failure to conduct an investigation into the facts was deficient performance. By failing to take even the minimal step of reviewing information that had been collected by Turner’s former counsel, trial counsel failed in his duty to “make reasonable…

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