United States Ninth Circuit
Cheney v. Washington, 08-35204
In a habeas petition regarding petitioner's conviction for sexual abuse of a minor, claiming that petitioner was deprived of his Sixth Amendment right to effective assistance of counsel because his defense counsel failed to object properly at two points during his trial, the denial of the petition is affirmed where: 1) defense counsel could have decided not to object to a detective's testimony because it led the detective to admit not only that abuse allegations are sometimes baseless, but that his personal views were sometimes a determinative factor in the decision whether to prosecute; and 2) the state court could reasonably conclude that there was no reasonable probability of a different outcome had defense counsel made an immediate objection to the prosecutor's imprudent remarks.
Appellate Information
- Decided 08/02/2010
- Published 08/02/2010
Judges
- Sandra S. Ikuta
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Kendra M. Matthews, Carolyn Alexander