Hernandez-Hernandez v. Hill
Hernandez-Hernandez v. Hill
Opinion of the Court
MEMORANDUM
The prosecution’s final question to its expert witness did not inquire about the
However, the evidence supporting the guilty verdict was such that confidence in the outcome is not undermined. See Griffey v. Lindsey, 345 F.3d 1058, 1070 (9th Cir. 2003). Both the appellant and the victim were infected with the same sexually transmitted disease, the victim’s recantation did not address the fact that she had been penetrated prior to her tenth birthday, and testimony indicated that the victim’s mother was aware of the abuse. Because the appellant is unable to show a reasonable probability of prevailing had an objection been made, he is not entitled to habeas relief. See Strickland, 466 U.S. at 694.
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts
Reference
- Full Case Name
- Hermilo HERNANDEZ-HERNANDEZ, Petitioner—Appellant v. Jean HILL, Respondent—Appellee
- Cited By
- 1 case
- Status
- Published