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FURMAN v. WOOD

No. 97-36102.

169 F.3d 1230 (1999)

Michael M. FURMAN, Petitioner-Appellant, v. Tana WOOD, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided March 30, 1999.

Attorney(s) appearing for the Case

Rita J. Griffith, Seattle, Washington, for the petitioner-appellant.

Paul D. Weisser, Assistant Attorney General, Olympia, Washington, for the respondent-appellee.

Before: CANBY and TASHIMA, Circuit Judges, and TAKASUGI, District Judge.

CANBY, Circuit Judge:

Washington state prisoner Michael Furman was tried by a death-qualified jury despite the fact that he was not subject to a potential death penalty. He also contends that he was denied a fair trial because of prosecutorial misconduct and that his trial counsel rendered ineffective assistance. His habeas petition is governed by the Antiterrorism and Effective Death Penalty Act ("AEDPA"), 28 U.S.C. § 2254(d). We conclude

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