Gray

Gray v. Belleque

Good Law
216 F. App'x 643
United States Court of Appeals for the Ninth CircuitDecember 29, 2006No. 06-35051California407 words

Opinion

Lead Opinion

MEMORANDUM *

Oregon state prisoner Felton Lamar Gray appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his manslaughter conviction. We review a district court’s denial of a § 2254 petition de novo. See Gill v. Ayers, 342 F.3d 911, 917 (9th Cir.2003). We may grant Gray’s petition only if he demonstrates that the state court’s adjudication on the merits resulted in a decision that “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” or “resulted in a decision that was 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)(l)-(2).

The state court found that Gray’s counsel did not call certain witnesses to testify to the victim’s aggressive nature because some statements made by the witnesses were more harmful to Gray’s case than helpful, and the witnesses had not recently known the victim. On that basis, the state court concluded that Gray’s counsel exercised reasonable professional judgment in choosing not to call certain witnesses. The state court’s findings were not an…

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