Carrera v. Ayers, Jr., No. 08-99007 (9th Cir. 2011)
Annotate this CaseDuring petitioner's murder trial, defense counsel failed to object to the prosecutor's use of peremptory challenges to strike six Hispanic venirepersons. Petitioner appealed the district court's denial of his petition for a writ of habeas corpus based on defense counsel's claimed ineffective assistance of counsel. At issue was whether defense counsel's failure to object to the prosecutor's allegedly group bias-based peremptory challenges constituted ineffective assistance of counsel, which ineffectiveness now required a grant of federal habeas relief under the Sixth Amendment. The court affirmed the district court's denial of petitioner's claim because he failed to present evidence sufficient to overcome the strong presumption that counsel's performance was reasonable, as set out in Strickland v. Washington.
The court issued a subsequent related opinion or order on April 12, 2012.
The court issued a subsequent related opinion or order on November 6, 2012.
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