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Donald Eugene Lambert, Petitioner-Appellee, v. James Blodgett, Respondent-Appellant. Donald Eugene Lambert, Petitioner-Appellant, v. James Blodgett, Respondent-Appellee., US.FEDERAL.ca9 (2004)

Patricia J. Arthur, Columbia Legal Services, Seattle, Washington; Nancy D. Tenney and Laura Mate, Federal Public Defender's Office, Seattle, WA, for the appellee and cross-appellant Donald Eugene Lambert.

Appeal from the United States District Court for the Eastern District of Washington; Wm. Fremming Nielsen, Senior Judge, Presiding. D.C. No. CV-00-00163-WFN.

Before: O'SCANNLAIN, RYMER, and BYBEE, Circuit Judges.

BYBEE, Circuit Judge:

This case requires us to interpret and apply the standard of review mandated by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214 (1996), and to determine the meaning of the phrase "adjudicated on the merits," which acts as a prerequisite to AEDPA review.

In Washington state court, on December 10, 1997, fifteen-year-old Donald Eugene Lambert pled guilty to aggravated first-degree murder, an offense which carries a mandatory sentence of life in prison without the possibility of parole. Shortly thereafter, Lambert filed a Personal Restraint Petition in the Washington Court of Appeals attacking his plea on the grounds that he was provided ineffective assistance of counsel and the plea was not knowingly, voluntarily and intelligently entered. After unsuccessfully arguing his claims both in the Court of Appeals and the Washington Supreme Court, Lambert petitioned the United States District Court for the Western District of Washington for a writ of habeas corpus.

In his habeas petition, Lambert reasserted his claim of ineffective assistance supported by three primary allegations: (1) his attorney, Guillermo Romero, stipulated to the juvenile court's declination of jurisdiction and transfer to adult court; (2) Romero failed to fully advise him of the penalty he would face if he pled guilty, failed to advise him that he should not plead guilty because he would receive the same sentence if he were convicted after a trial, and failed to investigate certain impeachment evidence; and (3) Romero labored under an actual conflict of interest created by his association with an indigent defense firm that was also representing Lambert's co-defendant. Lambert also reasserted the allegation that his guilty plea was not knowing, voluntary and intelligent because he was unaware that the sentence set forth in his plea agreement ? life in prison without the possibility of parole ? truly meant that he would never be released. The district court granted relief on his ineffective assistance of counsel claim, finding persuasive Lambert's second allegation, that Romero failed to investigate the government's case and advise Lambert prior to the entry of his plea. The district court 17318 also concluded that Lambert was entitled to habeas relief on the ground that his plea was not knowing, voluntary and intelligent because he was unaware of the punishment he would face. The state of Washington, through Warden James Blodgett, appeals the grounds on which the district court granted relief, and Lambert cross-appeals the issues on which he was denied relief.

Because we conclude that the district court erroneously disregarded the Washington state courts' factual findings and conclusions of law, we reverse the district court's decision granting habeas relief on the ground that Lambert was denied the effective assistance of counsel and his plea was not knowing, voluntary and intelligent. We otherwise affirm.

I. BACKGROUND

A. Facts

In the early morning hours of May 21, 1997, 89-year-old Homer Smithson and his elderly wife, Vada Smithson, were abruptly awakened by two armed teenage intruders who entered the bedroom of their rural home in Grant County, Washington, shouting expletives. As the teens repeatedly and fatally shot Homer in the couple's bed, Vada ? in an effort to telephone her son for help ? ran into the kitchen. The two teens ran outside to reload their firearms with ammunition they had stolen from a shed on the Smithsons' property. Entering the house a second time, the teens concentrated their fire on Mrs. Smithson. After emptying their weapons again, the teens exited the house to reload once more. Through the kitchen window, one of the teens noticed Vada Smithson on the telephone and heard her exclaim, "they're killing me, they're killing me!" Believing she was calling the police, the teen shot her multiple times, firing six or seven rounds until the gun was empty.

Police detectives from the Grant County Sheriff's Office responded to the scene. They found Homer Smithson in bed, still alive but semi-conscious, thrashing around. He died at the Sacred Heart Hospital in Spokane, Washington shortly thereafter, having sustained multiple gunshot wounds to the head, chest, legs and abdomen. Vada Smithson was found dead in her kitchen, holding the handset of a telephone. She appeared to have been shot multiple times, and lost large quantities of blood. According to detectives, the house had not been ransacked, but numerous.22 cartridge casings were found a...

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