Morris
Morris v. Castro
Opinion
lead Opinion
MEMORANDUM **
Wayne Evans Morris appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s decision to deny a § 2254 petition, Plascencia v. Alameida, 467 F.3d 1190, 1197 (9th Cir.2006), and we affirm.
First, we reject each of Morris’ contentions alleging trial court errors, ineffective assistance of counsel, and prosecutorial misconduct that were decided on the merits by the state courts. The trial court’s admission of the rebuttal testimony of a deputy sheriff did not render the trial fundamentally unfair, and therefore did not violate Morris’s due process rights. 1 *478 See Estelle v. McGuire, 502 U.S. 62, 71-72 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991); Plascencia, 467 F.3d at 1203-04 . We further conclude that Morris’s counsel was not deficient for failing to interview the deputy sheriff, or for failing to use expert witnesses at trial. In light of the evidence presented in the state’s case-in-chief, Morris cannot establish a reasonable probability that the jury’s verdict would have been different but for such alleged errors. See Strickland v.…