Gladden

Gladden v. Runnels

Good Law
279 F. App'x 454
United States Court of Appeals for the Ninth CircuitMay 16, 2008No. 07-16485California374 words

Opinion

Lead Opinion

MEMORANDUM **

Raymond Gladden (“Gladden”) challenges the district court’s denial of his petition for a writ of habeas corpus under *455 28 U.S.C. § 2254 , asserting that he suffered from ineffective assistance of counsel because his trial attorney failed to request a voluntary manslaughter instruction. We affirm the district court’s denial of his habeas petition.

Federal habeas relief is warranted only if adjudication of the claim resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court. 28 U.S.C. § 2254 (d)(1). We examine the decision of Shasta County Superior Court, as it is the last reasoned court decision on the claim raised in this appeal. Luna v. Cambra, 306 F.3d 954 , 960 n. 3 (9th Cir.2002), amended by 311 F.3d 928 (9th Cir.2002).

To establish ineffective assistance of counsel, a defendant must show that (1) counsel’s performance was deficient; and (2) the deficient performance prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Judicial assessment of counsel’s performance “must be highly deferential,” and a…

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