David Decker v. Rob Persson

MEMORANDUM *

Respondent-appellant appeals the U.S. District Court’s order granting David Decker habeas relief from an Oregon State felony murder conviction with burglary as the predicate felony offense. The District Court granted relief on three claims under Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).

Claim 1(B) addresses defense trial counsel’s failure to request a jury instruction on the lesser included offense of assault. The District Court’s review of this claim is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”). 28 U.S.C.…