Merwin Michael Hill v. CHARLES L. RYAN and TERRY GODDARD

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).
*** Charles L. Ryan is substituted for his predecessor Dora B. Schriro as
Director of the Arizona Department of Corrections. See Fed. R. App. P. 43(c)(2).
NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
MERWIN MICHAEL HILL,
Petitioner - Appellant,
v.
CHARLES L. RYAN and TERRY***
GODDARD,
Respondents - Appellees.
No. 09-15058
D.C. No. 2:07-cv-00762-ROS
MEMORANDUM*
Appeal from the United States District Court
for the District of Arizona
Roslyn O. Silver, District Judge, Presiding
Submitted August 10, 2010**
Before: HAWKINS, McKEOWN, and IKUTA, Circuit Judges.
Arizona state prisoner Merwin Michael Hill appeals pro se from the district
court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have
FILED
AUG 26 2010
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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09-15058 2
jurisdiction under 28 U.S.C. § 2253, and we affirm.
Hill contends that he received ineffective assistance of counsel rendering his
guilty plea involuntary because his trial counsel failed to interview several
witnesses before Hill pled guilty and his trial counsel failed to challenge the
sufficiency of the State’s evidence supporting the “serious physical injury” element
of Hill’s aggravated assault charge. However, the Arizona court’s denial of Hill’s
claims was not an unreasonable application of clearly established Supreme Court
law. See 28 U.S.C. § 2254(d)(1); see also Hill v. Lockhart, 474 U.S. 52, 57-59
(1985) (holding that two-part Strickland v. Washington test applies to challenges to
guilty pleas based on ineffective assistance of counsel).
AFFIRMED.

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