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Macias v. Farmon

Citation: 77 F. App'x 924Docket: No. 02-55778

Court: Court of Appeals for the Ninth Circuit; September 16, 2003; Federal Appellate Court

Narrative Opinion Summary

In this case, a California state prisoner appealed the district court's denial of her habeas corpus petition under 28 U.S.C. § 2254, challenging her convictions for felony child abuse and second-degree murder. The appeal was reviewed de novo by the appellate court, which ultimately affirmed the lower court's decision. The appellant contended that prosecutorial misconduct occurred during cross-examination, but the court found no violation of her fair trial rights. Additionally, she claimed ineffective assistance of counsel due to her attorney's failure to object to certain character evidence, yet the court ruled that this did not meet the Strickland v. Washington standard for altering the trial's outcome. Her argument regarding the cumulative effect of trial errors was also dismissed, as the court concluded there was no undermining of confidence in the trial's verdict. The appellate court's disposition is noted as unpublished and non-citable, following Ninth Circuit Rule 36-3. Notably, other issues raised in her brief were not considered because they were not presented in the district court or certified for appeal.

Legal Issues Addressed

Cumulative Error Doctrine

Application: The court dismissed the claim that cumulative errors rendered the trial unfair, noting insufficient evidence that the errors affected the trial's integrity.

Reasoning: Additionally, Macias argues that the cumulative effect of various errors rendered her trial fundamentally unfair. The court rejects this claim, stating that she has not shown that the alleged errors collectively undermined confidence in the trial's outcome.

Habeas Corpus under 28 U.S.C. § 2254

Application: The appellate court conducted a de novo review of the district court's denial of the habeas petition and affirmed the decision.

Reasoning: The appellate court reviews the case de novo and affirms the lower court's decision.

Ineffective Assistance of Counsel

Application: The court applied the Strickland v. Washington standard and concluded that the defendant failed to show that an objection to character evidence would have changed the trial's outcome.

Reasoning: She also claims ineffective assistance of counsel due to her attorney's failure to object to the admission of character evidence. However, the court finds that she cannot demonstrate that such an objection would likely have altered the trial's outcome, referencing the Strickland v. Washington standard.

Prosecutorial Misconduct

Application: The court found that a question asked during cross-examination did not violate the defendant's right to a fair trial.

Reasoning: Macias alleges prosecutorial misconduct based on a cross-examination question regarding her ability to hit her children without leaving bruises. The court determines that this question did not breach her right to a fair trial.

Publication and Citation of Dispositions

Application: The court's disposition is not for publication and cannot be cited, except as permitted by specific circuit rules.

Reasoning: The court affirms the lower court’s ruling and notes that the disposition is not for publication and cannot be cited, except as allowed by Ninth Circuit Rule 36-3.