Parker

Parker v. Lewis

Good Law
222 F. App'x 562
United States Court of Appeals for the Ninth CircuitFebruary 23, 2007No. 05-17289California354 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Leo King Parker, III, appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Parker contends that his counsel was ineffective in failing to make a timely request for a jury admonition regarding the prosecutor’s allegedly impermissible comment on Parker’s post-arrest silence. We agree with the California Court of Appeal and the district court that Parker has failed to establish either deficient performance or prejudice. See Strickland v. Washington, 466 U.S. 668, 687, 691 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Accordingly, the district court properly denied this claim.

Parker next contends that the state trial court erred by failing to properly evaluate his claim of purposeful discrimination in the jury selection process and/or by finding that there was no purposeful discrimination by the prosecutor. Upon review of the record, we conclude that the state trial court’s ruling on Parker’s People v. Wheeler, 22 Cal.3d 258 , 148 Cal.Rptr. 890 , 583 P.2d 748 (1978), motion was neither contrary to nor an unreasonable application of clearly…

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