Heard

Heard v. Harrison

Good Law
246 F. App'x 449
United States Court of Appeals for the Ninth CircuitAugust 24, 2007No. 05-55969California1,137 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner James Kenyatta Heard appeals the district court’s denial of his habeas petition. Our review is governed by the provisions of Antiterrorism and Effective Death Penalty Act (“AEDPA”), particularly 28 U.S.C. § 2254 (d), (e)(1).

I.

Heard argues that his trial counsel, Moses Hall, provided ineffective assistance under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), in five respects. We address each in turn, and conclude that none is sufficient to establish a habeas violation under AEDPA.

A. Inadequate Pretrial Investigation

Heard claims that Hall failed to conduct an adequate pretrial investigation because he failed to elicit Heard’s version of events beyond hypothetical accounts. “It is well established that ‘counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary.’ ” Avila v. Galaza, 297 F.3d 911, 918 (9th Cir.2002) (quoting Strickland, 466 U.S. at 691 , 104 S.Ct. 2052 ). In evaluating counsel’s performance, there is a strong presumption that counsel rendered adequate assistance and made all significant decisions in the exercise of reasonable…

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