Hi Quoc Truong v. Runnels
Hi Quoc Truong v. Runnels
Opinion
MEMORANDUM **
Hi Quoc Truong appeals the district court’s denial of his 28 U.S.C. § 2254 habe-as corpus petition.
We reject Truong’s assertion that the California Superior Court’s decision is “objectively unreasonable” because the court failed to consider facts that were, in his view, plainly relevant. “[A] federal court *545 may not second-guess a state court’s fact-finding process unless, after review of the state-court record, it determines that the state court was not merely wrong, but actually unreasonable.” Taylor v. Maddox, 366 F.3d 992, 999 (9th Cir. 2004). Neither occurred here. The trial court’s comment about the dispatch tape’s ambiguity does not demonstrate that counsel acted unreasonably, nor was the scope of the Superior Court’s fact finding objectively unreasonable. The Superior Court’s conclusion that there was no reasonable probability of a more favorable outcome, even had Truong’s counsel presented a manslaughter defense, was not based on an unreasonable application of the law or an unreasonable determination of the facts given the evidence presented. See 28 U.S.C. § 2254(d).
Reviewing the Superior Court’s decision with “doubl[e] deference],” Knowles v. Mirzayance, 556 U.S. 111, 112, 129 S.Ct. 1411, 173 L.Ed.2d 251 (2009), we conclude that the court did not unreasonably apply the standard for ineffective assistance of counsel under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by 9 th Cir. R. 36-3.
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