Public-domain · open source
OpenJurist

81 F. App'x 641

Mathews v. Spalding

U.S. Courts of Appeals

Decided November 17, 2003

U.S. Courts of Appeals · decided 2003-11-17

Cited by 1 later decisions (1 by the Supreme Court) — most recently October 2004

Applies 28 U.S.C. § 1291 · 28 U.S.C. § 2254 (Antiterrorism and Effective Death Penalty Act of 1996)

Relies on Strickland v. Washington · Brady v. State of Maryland · Teague v. Lane

Good law ✅— No negative treatment on recordhow we know

Decided 2003-11-17

View the full empirical analysis of this case →

¶1MEMORANDUM *

¶2Marcus W. Mathews appeals from the district court’s denial of his petition for a writ of habeas corpus. We have jurisdiction under 28 U.S.C. § 1291 and affirm.

¶3The district court correctly held that the Idaho Supreme Court’s disposition of Mathews’s ineffective assistance of counsel claim was neither contrary to nor an unreasonable application of clearly established federal law as determined by the *642Supreme Court. 28 U.S.C. § 2254(d)(1). See Strickland v. Washington, 466 U.S. 668, 687, 689-91, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The Idaho Supreme Court properly applied Stricklandwhen it found Mathews’s trial counsel’s performance was not deficient. It was not unreasonable for that court to conclude trial counsel was competent, given that he: (1) investigated the issuance and execution of the search warrant; (2) reasonably concluded that probable cause existed for the search warrant based on his previous experience and direct contact with the issuing magistrate judge; (3) reasonably concluded that the date discrepancy on the search warrant was a clerical oversight not affecting the validity of the probable cause finding; and (4) reasonably decided against further investigation of the date discrepancy given his extensive investigation of the warrant and decision to pursue a motion to suppress evidence on other grounds.

¶4Nor did the district court err in concluding that as of the date Mathews’s conviction became final, application of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), or Napue v. Illinois, 360 U.S. 264, 79 S.Ct. 1173, 3 L.Ed.2d 1217 (1959), to the guilty plea context was not dictated by precedent. We therefore are precluded by Teague v. Lane, 489 U.S. 288, 109 S.Ct. 1060, 103 L.Ed.2d 334 (1989), from granting Mathews relief based upon these due process challenges to his guilty plea. Neither Teagueexception applies because neither the Bradynor Napueclaim would decriminalize certain conduct or prohibit punishment of certain persons, and they are not watershed rules of criminal procedure. See Lambrix v. Singletary, 520 U.S. 518, 539-40, 117 S.Ct. 1517, 137 L.Ed.2d 771 (1997) (explaining Teague exceptions); Teague, 489 U.S. at 311-12.

¶5The district court correctly ruled that the Idaho Supreme Court’s denial of Mathews’s Bradyand Napueclaims on the merits was neither contrary to nor an unreasonable application of clearly established federal law as it then or now exists.

¶6AFFIRMED.

¶7 This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

/81/fappx/641 · .json · Public domain