Carr

Carr v. Carey

Good Law
216 F. App'x 715
United States Court of Appeals for the Ninth CircuitJanuary 9, 2007No. 05-56087California668 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Cecil Carr appeals the district court’s denial of his petition for habeas corpus. Petitioner contends that he received ineffective assistance of counsel because his trial counsel (1) failed to file a notice of appeal and/or consult with Petitioner regarding his right to appeal, and (2) failed to obtain Petitioner’s medical records for his competency hearing. We have jurisdiction under 28 U.S.C. §§ 1292 and 2253, and we affirm.

We review de novo the district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas petition. See Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004) (per curiam). Because Petitioner’s habeas petition was filed after April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. 104-132, 110 Stat. 1214 (1996), governs this petition. See Slack v. McDaniel, 529 U.S. 473, 478 , 120 S.Ct. 1595 , 146 L.Ed.2d 542 (2000); Silva v. Woodford, 279 F.3d 825, 831 (9th Cir.2002). Under AEDPA, a petitioner must demonstrate that the state court’s adjudication of the case resulted in a decision that was (1) contrary to, or involved an unreasonable application of clearly established federal law, as determined by…

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