Testo completo
This disposition is not appropriate for publication and is not precedent*
except as provided by 9th Cir. R. 36-3.
The panel unanimously concludes this case is suitable for decision**
without oral argument. See Fed. R. App. P. 34(a)(2).
SMS/Research
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
LUIS ROBERTO MARTINEZ,
Petitioner - Appellant,
v.
DARREL G. ADAMS, Warden,
Respondent - Appellee.
No. 08-56083
D.C. No. 2:05-cv-04057-DSF
MEMORANDUM *
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted January 11, 2010**
Before: BEEZER, TROTT, and BYBEE, Circuit Judges.
California state prisoner Luis Roberto Martinez appeals from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
jurisdiction pursuant to 28 U.S.C. § 2253, and we affirm.
FILED
JAN 25 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS
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SMS/Research 08-56083 2
Martinez contends his trial counsel was ineffective for failing to conduct an
adequate investigation and present evidence concerning the defense of third-party
culpability. The record reflects that the state court’s rejection of this claim was
neither contrary to, nor an unreasonable application of, clearly established federal
law. See 28 U.S.C. § 2254(d)(1); Strickland v. Washington, 466 U.S. 668 (1984).
AFFIRMED.
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