Opinion

Jones v. Calderon

  • 116 F. App'x 868
Court
Court of Appeals for the Ninth Circuit
Filed
Nov 18, 2004
Status
Published
Author
Thompson
On the bench
Berzon, Reinhardt, Thompson
Cited by
0 cases
Authority
More cited than 10.1%

The opinion

THOMPSON, J.,

dissenting.

Because the state court’s decision in this case was neither contrary to, nor an unreasonable application of, clearly established Supreme Court law, see 28 U.S.C. § 2254 (d), I respectfully dissent.

The California Court of Appeal, applying the “highly deferential” review required by Strickland v. Washington, 466 U.S. 668, 689 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), concluded that Jones’s counsel’s performance was not deficient. In reaching this conclusion, the state court emphasized that given the existence of three independent sources of information indicating that Jones had only one prior felony conviction that qualified as a “strike,” it was not objectively unreasonable under Strickland for his counsel not to have pursued further investigation. Jones thus failed to meet the standard required by 28 U.S.C. § 2254 (d). I would affirm the district court’s denial of his application for a writ of habeas corpus.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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