Djerf v. Ryan, No. 08-99027 (9th Cir. 2019)
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The Ninth Circuit affirmed the district court's dismissal of an Arizona state prisoner's 28 U.S.C. 2254 petition for habeas relief, challenging his conviction for four counts of first degree murder and his capital sentence. The panel held that the record failed to establish that plaintiff's pre-trial counsel were incompetent or provided constitutionally deficient representation. Therefore, petitioner's challenges to his waiver of counsel and guilty pleas, as both claims were premised on constitutionally inadequate representation, failed.
The panel also held that there was no reasonable probability that state post-conviction proceedings would have turned out differently if petitioner had advanced a pre-trial ineffective assistance of counsel claim, and the panel could not excuse the procedural default of that claim. Furthermore, the state court reasonably concluded that sentencing counsel was not ineffective, and the district court did not abuse its discretion by denying petitioner's request for an evidentiary hearing on that claim. Finally, the panel held that any causal nexus during petitioner's sentencing was harmless.
Court Description: Habeas Corpus / Death Penalty. The panel affirmed the district court’s dismissal of an Arizona state prisoner’s 28 U.S.C. § 2254 habeas corpus petition challenging his conviction by guilty plea for four counts of first-degree murder and his capital sentence. Following a period of appointed representation, petitioner waived counsel and represented himself. He entered guilty pleas, and counsel resumed representation for sentencing. The panel held that counsel did not provide constitutionally ineffective pre-trial assistance by failing adequately to communicate with petitioner or visit him in jail, or to diligently interview witnesses, review discovery, and examine evidence. The panel concluded that, under any standard of review, counsel’s conduct was not objectively unreasonable. Accordingly, petitioner’s claims of involuntary waiver of counsel and invalid guilty pleas, premised on ineffective pre-trial assistance, failed. Further, petitioner’s procedural default of the ineffective assistance claims was not excused. The panel affirmed the district court’s denial of petitioner’s claim that counsel provided ineffective assistance during sentencing by failing to investigate, develop, and present additional mitigation evidence related
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