Fuller
Fuller v. Hill
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Gary D. Fuller (“Fuller”) appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We affirm.
Fuller alleges that he received ineffective assistance of counsel when his trial attorney failed to request a mistrial or removal of a juror who he claims slept during a portion of the first day of trial. To succeed on a claim of ineffective assistance, Fuller must demonstrate that his counsel’s conduct fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s errors, the result of the proceeding would have been different. Strickland v. Washington, 466 U.S. 668, 688, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). Moreover, in this habeas proceeding, Fuller must also establish that the state court’s denial of his ineffective assistance claim “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law” or “resulted in a decision that was 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).