Lozano v. Cockrell

U.S. Court of Appeals for the Fifth Circuit

Lozano v. Cockrell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 00-51319 Summary Calendar

CRISSY ANN LOZANO

Petitioner - Appellant

v.

JANIE COCKRELL, DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION

Respondent - Appellee

- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. SA-00-CV-441 - - - - - - - - - - December 18, 2001 Before KING, Chief Judge, and JOLLY and DeMOSS, Circuit Judges.

PER CURIAM:*

Crissy Ann Lozano, Texas prisoner #765108, appeals the

district court’s denial of her

28 U.S.C. § 2254

petition

alleging, inter alia, ineffective assistance of counsel. Lozano

has failed to show that counsel was ineffective for failing to

raise the admissibility of her juvenile confession at her

transfer hearing, her sentencing proceeding, or on appeal because

she has failed to show that she was prejudiced by counsel’s

alleged errors. Strickland v. Washington,

466 U.S. 668, 687-88, 691-92

(1984). She has also failed to show that counsel was

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 00-51319 -2-

ineffective for failing to perfect an appeal from the order

transferring her for adult adjudication, since, due to the

overwhelming evidence against her, she has failed to demonstrate

that the transfer order would have been overturned on appeal.

She has therefore failed to demonstrate prejudice. See

id.

AFFIRMED.

Reference

Status
Unpublished