Stephens
Stephens v. Miller-Stout
Opinion
Lead Opinion
MEMORANDUM **
Fred A. Stephens, a Washington State prisoner convicted in 1995 of first-degree murder and serving a sentence of 332 months, appeals from the district court’s dismissal of his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253 . We review the district court’s dismissal of the petition de novo, see Robinson v. Ignacio, 360 F.3d 1044, 1055 (9th Cir.2004), and we affirm.
Stephens alleges his trial counsel provided ineffective assistance by failing to investigate evidence that Stephens claims would have proven his innocence. The Washington Supreme Court concluded that the evidence Stephens claims his counsel should have discovered was either speculative or of little exculpatory value, and that therefore Stephens had not shown that his counsel was deficient or, that given the entire record, the outcome would have been different but for counsel’s failure to investigate. See Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).
This conclusion is not contrary to, nor does it involve an unreasonable application of, the clearly established federal law regarding ineffective assistance of counsel. See…