CANNEDY v. ADAMS

No. 09-56902.

706 F.3d 1148 (2013)

Earl Eugene CANNEDY, Jr., Petitioner-Appellee, v. Derral G. ADAMS, Warden, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Resubmitted January 22, 2013.

Filed February 7, 2013.


Attorney(s) appearing for the Case

Daniel Rogers , Deputy Attorney General, San Diego, CA, for Respondent-Appellant.

Mark M. Kassabian , Buehler & Kassabian, LLP, Pasadena, CA, for Petitioner-Appellee.

Opinion by Judge GRABER; Dissent by Judge KLEINFELD.


OPINION

GRABER, Circuit Judge:

Petitioner Earl Eugene Cannedy, Jr., stands convicted of committing lewd and lascivious acts upon his stepdaughter, and of attempting to dissuade her from reporting those acts to the police. The California state courts rejected Petitioner's direct and collateral challenges to his conviction. Petitioner then filed a federal habeas petition under 28 U.S.C. § 2254, arguing that he had received ineffective assistance of counsel...

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