Romero

Romero v. Morgan

Good Law
271 F. App'x 673
United States Court of Appeals for the Ninth CircuitMarch 26, 2008No. 05-35644California779 words

Opinion

Lead Opinion

MEMORANDUM *

*674 Joshua Seth Romero appeals from the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his jury-trial conviction for first degree manslaughter and first degree unlawful possession of a firearm. We granted a certificate of ap-pealability as to three ineffective assistance of trial counsel claims. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

We review de novo the district court’s denial of a habeas corpus petition. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). To obtain habeas relief, Romero must demonstrate that the Washington state court’s decision 1 was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1).

Where the state court makes “mistakes in reasoning” or adopts “the wrong legal rule or framework,” however, this court evaluates de novo petitioner’s constitutional claims in an inquiry that is not limited to the reasoning of the state court. Frantz v. Hazey, 513 F.3d 1002, 1012, 1016 (9th Cir. 2008) (en banc). Accordingly, we ask with respect to each of Romero’s claims whether the state court…

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