Burton

Burton v. Blanks

Good Law
197 F. App'x 621
United States Court of Appeals for the Ninth CircuitAugust 11, 2006No. 05-16338California652 words

Opinion

Lead Opinion

MEMORANDUM **

Robert Burton (“Burton”) appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . In 2000, a California jury convicted Burton of four counts of selling cocaine in violation of section 11352 of the California Health and Safety Code. In his petition, Burton asserts that trial counsel rendered ineffective assistance by failing to request a formal investigation of alleged juror misconduct. The district court rejected Burton’s ineffective assistance of counsel (“IAC”) claim. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

We look to the opinion of the California Court of Appeal on direct appeal as the “last reasoned decision of the state court as the basis of the state court’s judgment.” Franklin v. Johnson, 290 F.3d 1223 , 1233 n. 3 (9th Cir.2002). Under 28 U.S.C. § 2254 (d), we may grant habeas relief only if the state court’s decision “(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 that was based on an unreasonable…

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