Tony Hernandez v. The People of the State of Cal

U.S. Court of Appeals1/5/2011
View on CourtListener

AI Case Brief

Generate an AI-powered case brief with:

📋Key Facts
⚖️Legal Issues
📚Court Holding
💡Reasoning
🎯Significance

Estimated cost: $0.10–$0.50 per brief, depending on opinion length and retries

Full Opinion

*257
MEMORANDUM
**
California state prisoner Tony Jackie Hernandez appeals from the district court’s judgment denying his
28 U.S.C. § 2254
habeas petition. We have jurisdiction under
28 U.S.C. § 2253
, and we affirm.
Hernandez contends that his trial counsel provided him with ineffective assistance by (1) failing to cite to and argue for the applicability of a section of the California Vehicle Code, and (2) failing to question the arresting officers concerning their observations as to the number of times Hernandez’s stoplamp flickered. We conclude that the state court’s rejection of his ineffective assistance of counsel claims was not contrary to, or an unreasonable application of, clearly established United States Supreme Court precedent.
See
28 U.S.C. § 2254
(d)(1);
Strickland v. Washington,
466 U.S. 668, 687-88
,
104 S.Ct. 2052
,
80 L.Ed.2d 674
(1984).
We construe Hernandez’s additional arguments as a motion to expand the certificate of appealability. So construed, the motion is denied.
See
9th Cir. R. 22—1(e);
see also Hiivala v. Wood,
195 F.3d 1098, 1104-05
(9th Cir.1999) (per curiam).
AFFIRMED.
**
This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Case Information

Court
U.S. Court of Appeals
Decision Date
January 5, 2011
Citation
407 F. App'x 256
Status
Precedential
Subject
criminal law
Tony Hernandez v. The People of the State of Cal | Tortwell