United States Ninth Circuit

Denial of a habeas corpus petition brought by California state prisoner Daire, who is serving a 40-year "three strikes" sentence for first degree burglary, is affirmed, where: 1) even assuming, for the sake of argument, that the applicability of Strickland v. Washington to noncapital sentencing is clearly established such that federal courts can afford relief from a state court's flawed application of Strickland, petitioner cannot prevail under the review standard imposed by the Anti-terrorism and Effective Death Penalty Act, as the state court's decision was reasonable with respect to both prongs of Strickland; and 2) the state court's findings that trial counsel's performance did not fall below an objective standard of reasonableness and that submission of petitioner's medical evidence would not have changed the outcome of her Romero hearing were not unreasonable applications of federal law.

Appellate Information

• Decided 03/19/2015
• Published 03/19/2015

Judges

• Benavides

Court

• United States Ninth Circuit

Counsel