Legal Opinion
Heppard v. Moore
Court of Appeals for the Ninth Circuit
Decided January 8, 2004No. 02-36050; D.C. No. CV-01-05591-RJBPublished
1Opinion of the Court
MEMORANDUM *
David Heppard (“Heppard”) appeals the district court’s dismissal of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 alleging ineffective assistance of counsel and improper denial of an evidentiary hearing. We have jurisdiction under 28 U.S.C. §§ 1291 and 2258 and we affirm.1
We review de novo the district court’s decision to deny a 28 U.S.C. § 2254 petition. See Alcala v. Woodford, 334 F.3d 862, 868 (9th Cir.2003). Findings of fact made by the district court are reviewed for clear error. Id. This is true “even when the district court’s findings do not rest on…
2Cases cited5 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Early v. PackerSupreme Court of the United States · 2002
- Alcala v. WoodfordCourt of Appeals for the Ninth Circuit · 2003
- Wallace Levan Griffey v. Gary Lindsey, WardenCourt of Appeals for the Ninth Circuit · 2003