Hampton

Hampton v. Knowles

Good Law
212 F. App'x 618
United States Court of Appeals for the Ninth CircuitDecember 8, 2006No. 04-56370California277 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Dwayne Antoine Hampton appeals the district court’s denial of his petition for writ of habeas corpus. He asserts that his right to effective assistance of counsel under the Sixth Amendment and his due process rights under the Fourteenth Amendment were violated in the California state courts.

We conclude that the state court’s application of Strickland v. Washington, 466 U.S. 668, 687 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), to the ineffective assistance of counsel challenges was objectively reasonable. See Woodford v. Visciotti, 537 U.S. 19, 24-25 , 123 S.Ct. 357 , 154 L.Ed.2d 279 (2002); Morrison v. Estelle, 981 F.2d 425, 427 (9th Cir.1992). Even assuming Hampton’s counsel was ineffective, Hampton has been unable to show, as he must, “that the deficient performance prejudiced the defense.” Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 .

The state court’s determination that Hampton’s due process rights were not violated was an objectively reasonable application of clearly established federal law. See Wiggins v. Smith, 539 U.S. 510, 520-21 , 123 S.Ct. 2527 , 156 L.Ed.2d 471 (2003). And even if a due process violation occurred, any error…

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