Rozenski

Rozenski v. Hall

Good Law
234 F. App'x 781
United States Court of Appeals for the Ninth CircuitJuly 13, 2007No. 06-16375California402 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Frank M. Rozenski appeals pro se from the district *782 court’s judgment denying his 28 U.S.C. § 2254 petition, challenging his conviction for residential burglary in the first degree, assault with a deadly weapon and by means of force likely to produce great bodily injury, and violating a protective stay-away order issued in a domestic violence matter. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The motion to supplement the opening brief with the brief filed by attorney Catherine Argons during the state court proceedings is granted.

Rozenski alleges that trial counsel was ineffective by failing to present evidence of the victim’s mental health history. Because this evidence was excluded by the trial court on the state’s motion in limine, counsel’s performance was not deficient. See Strickland v. Washington, 466 U.S. 668, 691 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984)

Additionally, Rozenski alleges that the prosecution failed to disclose exculpatory evidence. We reject this contention because Rozenski has not identified any relevant, material evidence that was not made known to him by the prosecution. See Strickler…

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