United States Ninth Circuit

Dismissal of a California state prisoner's petition for writ of habeas corpus challenging his conviction for murdering two teenage boys with intent to inflict torture, committed when petitioner was 15 years old, is affirmed where, applying the deferential AEDPA standard: 1) there is a reasonable argument that, because there was no prosecutorial error, defense counsel's decision to rebut the prosecution's comments directly rather than object at trial or on appeal was adequate, and that this strategy did not undermine the reliability of petitioner's conviction; and 2) there is a reasonable argument that the sentence is constitutional because it actually allows for the possibility of parole.

Appellate Information

• Published 2016/08/10

Judges

• FISHER

Court

• United States Ninth Circuit

Counsel