Legal Opinion

Capanear v. Stewart

Court of Appeals for the Ninth Circuit

Decided January 21, 2003No. 02-15254; D.C. No. CV-99-00012-WDBPublished

1Opinion of the Court

MEMORANDUM **

Nicholas Capanear appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition. Capanear challenges his Arizona conviction and 25-years to life sentence for unlawful imprisonment, aggravated assault, first-degree burglary, and first-degree murder. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, Bailey v. Newland, 263 F.3d 1022, 1028 (9th Cir.2001), cert. denied, 535 U.S. 995, 122 S.Ct. 1556, 152 L.Ed.2d 479 (2002), we affirm.

Capanear contends that his trial counsel was ineffective by inadequately moving to suppress statements that he made to…

2Cases cited4 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Robin Lynn Bailey v. Anthony Newland, WardenCourt of Appeals for the Ninth Circuit · 2001
  3. Tammy R. Garvin v. Teena Farmon, WardenCourt of Appeals for the Ninth Circuit · 2001
  4. Shea v. Board of Trustees, Teachers' Pension and Annuity FundSupreme Court of the United States · 2002

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