United States Ninth Circuit

On a habeas corpus petitioner's appeal of the denial of his request for an evidentiary hearing on his claim of ineffective assistance of counsel during the guilt phase of his bifurcated trial, the denial is affirmed, where the petitioner could not establish prejudice from his counsel's failure to present a mental state defense, since the petitioner's proffered evidence did not undermine confidence in the jury's finding of guilt in light of the evidence before the jury, including two unequivocal confessions.

Appellate Information

• Decided 04/02/2012
• Published 04/02/2012

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Michael R. Levine, Lewis A. Martinez