Legal Opinion

Charles Harvey Joseph Franklin v. Dan Johnson, Superintendent

Court of Appeals for the Ninth Circuit

Decided May 30, 2002No. 00-36108PublishedCited by 295 opinions

1Opinion of the Court

Opinion by Judge BERZON; Concurrence by Judge O’SCANNLAIN.

OPINION

BERZON, Circuit Judge.

Charles Harvey Joseph Franklin appeals the denial of his petition for habeas relief under 28 U.S.C. § 2254. After a stipulated-facts bench trial, Franklin was convicted of one count of sodomy in the first degree and sentenced to 9 years, 8 months in prison and 3 years of supervised release. Franklin unsuccessfully appealed his conviction in the state courts and then filed a pro se petition under 28 U.S.C. § 2254, arguing only that his trial counsel was ineffective for failing to investigate or pursue a…

2Cases cited33 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Williams v. TaylorSupreme Court of the United States · 2000
  3. Blockburger v. United StatesSupreme Court of the United States · 1931
  4. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  5. Wainwright v. SykesSupreme Court of the United States · 1977

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3Cited by295 opinions

  1. Gary Paul Cassett v. Terry L. Stewart, DirectorCourt of Appeals for the Ninth Circuit · 2005
  2. James Perruquet v. Kenneth R. BrileyCourt of Appeals for the Seventh Circuit · 2004
  3. Willie McNair v. Donal CampbellCourt of Appeals for the Eleventh Circuit · 2005
  4. Paul Eichwedel v. Brad CurryCourt of Appeals for the Seventh Circuit · 2012
  5. Richard Hurles v. Charles L. RyanCourt of Appeals for the Ninth Circuit · 2014

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