Martinez

Martinez v. Garcia

Good Law
266 F. App'x 509
United States Court of Appeals for the Ninth CircuitJanuary 4, 2008No. 06-15748California988 words

Opinion

lead Opinion

MEMORANDUM *

Paul Martinez appeals the district court’s denial of his habeas corpus petition pursuant to 28 U.S.C. § 2254 , alleging ineffective assistance of counsel. Martinez asserts trial counsel was inadequate for (1) failing to ask the trial judge to accept a change of plea, after the calendar judge declined to do so because the case was no longer assigned to his courtroom; and (2) failing to evaluate and explain Martinez’s *510 options regarding the prosecution’s plea offer and possibility of success at trial. Because Martinez’s claims do not warrant habeas relief under 28 U.S.C. § 2254 , as amended by the Antiterrorism and Effective Death Penalty Act (“AEDPA”), we affirm.

Martinez is entitled to relief only if we find that the last reasoned state court decision rejecting his 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 in the State court proceeding.” 28 U.S.C. § 2254 (d). Findings of fact made by the state court are presumed correct unless…

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