United States Ninth Circuit

Denial of a petition for a writ of habeas corpus in a first degree murder case is affirmed over claims that the district court erred in rejecting claims that: 1) petitioner received ineffective assistance of counsel in his state criminal proceedings; 2) his guilty plea was not knowing and voluntary; and 3) the district court should have granted his request for an evidentiary hearing. Flores-Ortega, in describing defense counsel's duty to consult with the client when there is reason to believe that a rational defendant in the client's position would wish to appeal, did not establish a new rule of constitutional law.

Appellate Information

• Argued 01/12/2007
• Decided 07/13/2007
• Published 07/13/2007

Judges

• TASHIMA, Circuit Judge:, Before:  JOHN T. NOONAN, A. WALLACE TASHIMA, and CONSUELO M. CALLAHAN, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Jason Carr, Assistant Federal Public Defender, Las Vegas, NV, for the petitioner-appellant.


• For Appellees:
  
• Robert E. Wieland, Deputy Attorney General, Reno, NV, for the respondents-appellees.