Schriro

MEMORANDUM **

Jerin W. Williams appeals the denial of his habeas corpus petition. His appeal raises one claim of ineffective assistance of counsel and two uncertified issues. We affirm.

Williams argues that his counsel provided him ineffective assistance by not securing his presence during the peremptory strikes phase of jury selection. He asserts that he was prejudiced because one of the members of his jury was a victim of sexual assault, and since he was charged with sexual assault, he would have stricken her. The state court conducted an evidentiary hearing on this claim. After listening to both Williams’s and his trial counsel’s testimony, the court denied it. In doing so, the court identified the correct legal standard and reasonably applied it to the facts of this case. 28 U.S.C. § 2254 (d).

Specifically, the state court found that Williams’s counsel’s performance did not fall below prevailing professional norms because Williams never communicated his desire to be present for the peremptory strikes. Williams does not challenge this factual finding. As such, it is presumed to be correct. 28 U.S.C. § 2254 (e)(1). Moreover, at his state evidentiary hearing Williams testified…