Phillips

Phillips v. Mitchell

Good Law
187 F. App'x 678
United States Court of Appeals for the Ninth CircuitJune 2, 2006No. 04-56411; D.C. No. CV 02-08137-CBMCalifornia1,211 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner-Appellant Allicia Phillips (“Phillips”) appeals the district court’s denial of her petition for writ of habeas corpus, brought under 28 U.S.C. § 2254 . Following the district court’s denial of Phillips’ motion for a certificate of appealability (“COA”), we granted a COA under 28 U.S.C. § 2253 (c)(3) with respect to the issue of whether trial counsel’s failure to seek suppression of the fruits of the warrantless search of Phillips’ backyard violated her Sixth Amendment right to effective assistance of counsel. We have jurisdic *679 tion pursuant to 28 U.S.C. §§ 1291 and 2253(a), and we affirm the judgment.

We review de novo a district court’s denial of a petition for writ of habeas corpus. Earp v. Stokes, 423 F.3d 1024, 1031 (9th Cir.2005). Because the petition was filed after the effective date of the Antiterrorism and Effective Death Penalty-Act of 1996 (“AEDPA”), habeas relief may be granted only if the state courts’ denial of Phillips’ claim “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision…

Concurring Opinion

Rawlinson, J.

I concur in the result.

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