Summary
The United States District Court for the Central District of California accepted the magistrate judge’s findings and recommendation in Rodney Carter’s federal habeas corpus proceeding. The court held that Carter’s state-law double-jeopardy claims were not cognizable on federal habeas review and that his related ineffective-assistance claims lacked merit, then dismissed the action with prejudice.
Holdings
- A claim based solely on an alleged violation of state law is not cognizable for federal habeas corpus relief.
- Counsel is not ineffective for failing to raise meritless state-law arguments.
Questions Presented
- Whether Petitioner's claim that his second trial violated California state-law double-jeopardy provisions was cognizable in a federal habeas corpus proceeding.
- Whether trial or appellate counsel provided ineffective assistance by failing to raise Petitioner's state-law double-jeopardy arguments or object to the state court's application of California Penal Code § 1382(a)(2).
Disposition
dismissed
Cases Cited (3)
- Estelle v. McGuire, 502 U.S. 62, 67-68 (1991)(followed)
- Juan H. v. Allen, 408 F.3d 1262, 1273-74 (9th Cir. 2005) (as amended)(followed)
- Wildman v. Johnson, 261 F.3d 832, 840 (9th Cir. 2001)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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