Legal Opinion

Fuller v. Hill

Court of Appeals for the Ninth Circuit

Decided September 5, 2008No. 07-35841PublishedCited by 1 opinion

1Opinion of the Court

MEMORANDUM **

Petitioner Gary D. Fuller (“Fuller”) appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. We affirm.

Fuller alleges that he received ineffective assistance of counsel when his trial attorney failed to request a mistrial or removal of a juror who he claims slept during a portion of the first day of trial. To succeed on a claim of ineffective assistance, Fuller must demonstrate that his counsel’s conduct fell below an objective standard of reasonableness and that there is a reasonable probability that, but for counsel’s errors,…

2Cases cited3 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. United States v. Francis E. SpringfieldCourt of Appeals for the Ninth Circuit · 1987
  3. Dennis Lamar v. L.W. Graves, Jr., WardenCourt of Appeals for the Eighth Circuit · 2003

3Cited by1 opinion

  1. Roseboro v. RickardDistrict Court, District of Columbia · 2023

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