Joseph Tellez, Jr. v. David Shinn

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS MAR 8 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JOSEPH ALBERT TELLEZ, Jr., No. 22-15781

Petitioner-Appellant, D.C. No. 2:21-cv-01057-ROS

v.

MEMORANDUM*

DAVID SHINN, Director; ATTORNEY

GENERAL FOR THE STATE OF

ARIZONA,

Respondents-Appellees.

Appeal from the United States District Court for the District of Arizona Roslyn O. Silver, District Judge, Presiding

Argued and Submitted February 8, 2024 Phoenix, Arizona

Before: MURGUIA, Chief Judge, and HAWKINS and JOHNSTONE, Circuit Judges.

Joseph Tellez Jr. appeals the district court’s denial of his petition for habeas

corpus relief under 28 U.S.C. § 2254. An Arizona jury convicted Tellez of three

counts of attempted aggravated assault and acquitted him of second-degree murder

after he was accused of shooting a man at a barbeque and pointing his gun at others

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. present. In his § 2254 petition, Tellez states that he asked his trial…