Douglas

MEMORANDUM *

The facts and procedural posture of the case are known to the parties and we do not repeat them here. Plaintiff Douglas was convicted in Alaska Superior Court of a single count of first degree robbery in violation of Alaska Stat. § 11.41.500 (a)(1). In his habeas petition, he argues that he received ineffective assistance of counsel at trial based on his lawyer’s failure to impeach the victim with prior inconsistent statements. We have jurisdiction under 28 U.S.C. § 2253 (a) and 28 U.S.C. § 1291 .

Because Douglas’s claims are governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), habeas relief may be granted only upon a finding that the last reasoned state court decision rejecting Douglas’s claims “was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented to it in the state court proceeding.” 28 U.S.C. § 2245 (d).

The Alaska Superior Court held a post-trial evidentiary hearing on Douglas’s ineffective assistance of counsel…