Evans

Evans v. Budge

Good Law
201 F. App'x 420
United States Court of Appeals for the Ninth CircuitSeptember 8, 2006No. 05-17362California1,571 words

Opinion

Lead Opinion

MEMORANDUM *

Todd Evans (“Evans”) was convicted in Nevada’s Second Judicial District Court in 1995 of First Degree Murder, False Imprisonment, First Degree Kidnaping, and Battery with a Deadly Weapon. Although the State had filed a notice of intent to seek the death penalty, Evans was sentenced to three life terms without the possibility of parole, all sentences to be served consecutively. Evans filed a timely direct appeal. The Nevada Supreme Court affirmed his convictions. Thereafter, Evans filed a state post-conviction petition for writ of habeas corpus, raising some twenty-two claims of ineffective assistance of counsel. Following an evidentiary hearing, the state court denied relief because, while Evans’ trial counsel may have been ineffective, Evans had suffered no prejudice. The Nevada Supreme Court again affirmed.

Evans next filed a federal habeas petition pursuant to 28 U.S.C. § 2254 . Consistent with the substantial deference required by the Antiterrorism and Effective *421 Death Penalty Act, Pub.L. No. 104-132, 110 Stat. 1214 (1996) (“AEDPA”), the district court denied relief. The court then issued a certificate of appealability for one, narrow issue: whether the…

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