Morris

Morris v. Castro

Good Law
270 F. App'x 476
United States Court of Appeals for the Ninth CircuitMarch 10, 2008No. 06-17098California754 words

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.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.