Neel v. Olivarez
Neel v. Olivarez
Opinion of the Court
MEMORANDUM
California state prisoner Logan Neel appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition for writ of habeas corpus, challenging his conviction for lewd or lascivious conduct with a child. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir. 1999), we affirm.
Neel also contends that his trial counsel was ineffective for failing to properly litigate his Cal. Evid.Code § 782 motion for the admission of evidence to attack the victim’s credibility. Because counsel’s motion and argument in support of the § 782 motion were not outside the wide range of reasonable assistance, the district court properly determined that counsel’s performance was not deficient. See Strickland v. Washington, 466 U.S. 668, 687-688, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) (deciding that a petitioner demonstrates his counsel was ineffective by establishing that his counsel’s performance was deficient, and that the deficient performance prejudiced his defense).
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
. Neel's requests for appointment of counsel and an evidentiary hearing are denied.
Reference
- Full Case Name
- Logan Brett NEEL v. Ana OLIVAREZ, Warden
- Status
- Published