Munday

Munday v. Lampert

Good Law
215 F. App'x 593
United States Court of Appeals for the Ninth CircuitDecember 22, 2006No. 05-36095California575 words

Opinion

Lead Opinion

MEMORANDUM **

Paul Norman Munday appeals from the district court’s denial of his petition for habeas corpus. We affirm.

We review the denial of a habeas petition de novo. Lara v. Ryan, 455 F.3d 1080, 1084 (9th Cir.2006). In reviewing the merits of the petition, we apply the deferential standards of review set forth in the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, a habeas petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or was (2) “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1)-(2). A federal court must presume the correctness of the state court’s factual findings. 28 U.S.C. § 2254 (e)(1).

Munday argues that he received ineffective assistance of counsel in violation of his Sixth Amendment rights because his trial attorney failed to advise him of the lifelong duration of the sex offender registration requirement. The state court found that trial counsel had advised Mun-day of the…

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