Rodriguez

Rodriguez v. Evans

Good Law
335 F. App'x 692
United States Court of Appeals for the Ninth CircuitJune 9, 2009No. 06-56564California523 words

Opinion

Lead Opinion

MEMORANDUM **

Peter John Rodriguez appeals the denial of his habeas corpus petition. His appeal raises two claims of ineffective assistance of counsel. We affirm.

Rodriguez’s claims were adjudicated on the merits by the state court. As a result, he is entitled to habeas relief only if he can show that the state court’s decision (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law,” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254 (d).

*694 Rodriguez first argues that the state court' unreasonably concluded that his counsel was not ineffective in failing to move to suppress an eyewitness’s identifications because there were no exigent circumstances warranting a show-up and because the witness’s identifications were unreliable. “[A] show-up,” however, “is a permissible means of identification without requiring a showing of exigency.” United States v. Booth, 669 F.2d 1231, 1239 (9th Cir.1981). Moreover, Rodriguez has not rebutted the state court’s observations that (1) the witness’s description was highly accurate, (2) she was certain of her identifications, and (3)…

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