Enrique Bautista v. Mark Nooth

MEMORANDUM

Petitioner Enrique R. Bautista (“Bautis-ta”) appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his convictions for second degree assault on ineffective assistance of counsel (“IAC”) grounds. We affirm.

1. The state postconviction court’s (“PCR court”) denial of Bautista’s IAC claim was not “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)(2). Contrary to Bautista’s assertion, the PCR court did not make factual findings relevant to his IAC claim. Rather, the challenged factual findings addressed a separate assault charge not related to the incident underlying this appeal.

2. Bautista’s assertion that his trial counsel provided constitutionally ineffective assistance cannot surmount the “doubly deferential” standard of review applicable to such claims brought in a § 2254 petition. See Knowles v. Mirzayance, 556 U.S. 111, 123 , 129 S.Ct. 1411 , 173 L.Ed.2d 251 (2009). The Oregon Court of Appeals summarily affirmed the PCR court’s denial of Bautista’s IAC claim. Presuming — as we must — that the Oregon court adjudicated Bautista’s claim on…