Ortega v Haviland

U.S. Court of Appeals for the Ninth Circuit
Ortega v Haviland, 449 F. App'x 702 (9th Cir. 2011)
Wallace, Berzon, Bybee

Ortega v Haviland

Opinion

MEMORANDUM **

California state prisoner Ortega appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Ortega contends that he was denied his Sixth Amendment right to counsel at his motion for a new trial because Ortega drafted and argued the motion with minimal assistance from counsel. Because Ortega does not show that the California Court of Appeal’s determination that Ortega was represented by counsel throughout the proceedings was contrary to, or involved an unreasonable application of United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984), the district court did not err in denying the petition. See 28 U.S.C. § 2254(d)(1).

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Reference

Full Case Name
Armondo Gibb ORTEGA, Petitioner—Appellant, v. John W. HAVILAND, Respondent—Appellee
Status
Unpublished