Legal Opinion

Roger Saesee v. Mike McDonald

Court of Appeals for the Ninth Circuit

Decided August 5, 2013No. 10-15895PublishedCited by 13 opinions

1Opinion of the Court

OPINION

NOONAN, Circuit Judge:

Roger Saesee appeals the denial of his petition for a writ of habeas corpus. We find that Saesee’s counsel was not constitutionally ineffective because he did not promise the jury that a witness would testify. We affirm.

FACTS

On November 15, 2004, Joe Fernandez was barbequing with his friend Fernando Cantu when a group of men, including Defendant Saesee, approached them. At least two of the men were members of the Oriental Troop (OT) Gang, a predominantly Asian gang.

One of the men asked Fernandez and Cantu if they were “fleas,” a derogatory term used to insult…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Harrington v. RichterSupreme Court of the United States · 2011
  4. Lockyer v. AndradeSupreme Court of the United States · 2003
  5. Knowles v. MirzayanceSupreme Court of the United States · 2009

9 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. United States v. Enyinnaya UdoCourt of Appeals for the D.C. Circuit · 2015
  2. (HC) Crisp v. DaveyDistrict Court, E.D. California · 2019
  3. Com. v. Husok, J.Superior Court of Pennsylvania · 2020
  4. Craig Elias v. Superintendent Fayette SCICourt of Appeals for the Third Circuit · 2019
  5. Elvin Pearson v. State of Tennessee (dissenting)Court of Criminal Appeals of Tennessee · 2023

8 more not listed; retrieve them via the Exa API.

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