Cook

Cook v. California

Good Law
193 F. App'x 672
United States Court of Appeals for the Ninth CircuitJuly 27, 2006No. 04-16041California752 words

Opinion

Lead Opinion

MEMORANDUM **

Michael William Cook, a California state prisoner, appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition challenging his conviction by jury trial for lewd and lascivious acts upon a child. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

Cook contends that the district court erred in denying his various claims for habeas relief. Several of these claims, however, were waived on appeal because Cook improperly attempted to incorporate them by reference in his opening brief by generally referring to his traverse to the district court. See Fed. R.App. P. 28(b). We address Cook’s remaining contentions in turn.

*674 Cook first contends that his trial counsel rendered ineffective assistance by failing to properly impeach Cook’s step-daughter with prior inconsistent statements concerning an act of alleged molestation. In particular, Cook points to statements by his step-daughter that he contends contradict her testimony alleging that he penetrated her with his penis during an incident in the swimming pool.

Although the Government contends that this claim was not properly exhausted, we reject this contention. See Sanders…

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