Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by

THOMAS LE'ROY HENNAGAN, Jr., Petitioner - Appellant, v. K. PROSPER; ATTORNEY GENERAL OF THE STATE OF CALIFORNIA, Respondents - Appellees.

NOT FOR PUBLICATION

MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Appeal from the United States District Court
for the Eastern District of California John A. Mendez, District Judge, Presiding

Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges.

California state prisoner Thomas Le'Roy Hennagan, Jr., appeals from the district court's judgment denying his 28 U.S.C. § 2254 habeas petition challenging his 2000 conviction for vehicle theft and receiving stolen property. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

Hennagan first contends that his trial and appellate counsel rendered ineffective assistance. The state court's rejection of this claim was not contrary to, or an unreasonable application of Strickland v. Washington, 466 U.S. 668, 687-97 (1984). See 28 U.S.C. § 2254(d)(1).

Hennagan next contends that the trial court's denial of his motion for new trial and the admission into evidence of his prior conviction for vehicle theft violated his constitutional rights. The state court's determination that Hennagan's constitutional rights were not violated was also not contrary to, or an unreasonable application of, clearly established United States Supreme Court precedent. See 28 U.S.C. § 2254(d)(1); see also Estelle v. McGuire, 502 U.S. 62, 67-70 (1991).

Last, to the extent Hennagan challenges the application of California law, such challenges are not cognizable in federal habeas proceedings. See 28 U.S.C. § 2254(a); Lewis v. Jeffers, 497 U.S. 764, 780 (1990) ("[F]ederal habeas corpus relief does not lie for errors of state law[.]").

Marylou Elin Hillberg's motion to withdraw as Hennagan's counsel is granted.

Hennagan's motion to substitute counsel is denied.

AFFIRMED.

Use AI to get other relevant cases.

Comments

Hennagan v. Prosper
(Jul 2, 2012)