SAESEE v. McDONALD

No. 10-15895.

725 F.3d 1045 (2013)

Roger SAESEE, Petitioner-Appellant, v. Mike McDONALD, Warden, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 5, 2013.


Attorney(s) appearing for the Case

Arthur Henry Weed , Santa Barbara, CA, for Petitioner-Appellant.

Lloyd George Carter and Lewis Albert Martinez , Deputy Attorneys General, Fresno, CA, for Respondent-Appellee.

Before: JOHN T. NOONAN, DIARMUID F. O'SCANNLAIN, and N. RANDY SMITH, Circuit Judges.


OPINION

NOONAN, Circuit Judge:

Roger Saesee appeals the denial of his petition for a writ of habeas corpus. We find that Saesee's counsel was not constitutionally ineffective because he did not promise the jury that a witness would testify. We affirm.

FACTS

On November 15, 2004, Joe Fernandez was barbequing with his friend Fernando Cantu when a group of men, including Defendant Saesee, approached them. At least two of the men were members...

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