Stephen O. v. The Warden, State Prison (2011)

MEMORANDUM OF DECISION

MEMORANDUM OF DECISION

The court has already dismissed counts 1, 3, 4 and 5 before trial began for either res judicata or procedural default, those grounds.

To succeed on a claim of ineffective assistance of counsel a habeas petitioner must satisfy a two-prong test;  he must show that counsel made error so serious that counsel was not functioning as counsel as guaranteed by the 6th Amendment to satisfy the prejudice prong, a claim that must demonstrate that there's a reasonable probability that but for counsel's unprofessional errors, the result of the proceeding would have been different.

In all such proceedings the habeas court must indulge a strong presumption that counsel's conduct falls within a wide range of professional assistance;  that is, that the defendant must overcome that the presumption under the circumstances the alleged action might be considered sound trial strategy.

There are—the remaining claims in this count go to effective assistance of counsel, paragraph 17 of the second amended complaint.

It's the court's determination that the petitioner has provided no evidence on either prong for any of his remaining claims.

Accordingly, the petition is dismissed—denied.

Cobb, J.

Cobb, Susan Quinn, J.