Federal Circuits, 8th Cir. (October 03, 1988)
Docket number: 87-2429
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U.S. Supreme Court - Hill v. Lockhart, 474 U.S. 52 (1985)
U.S. Supreme Court - Strickland v. Washington, 466 U.S. 668 (1984)
Nelwyn Davis, Little Rock, Ark., for appellant.
Theodore Holder, Asst. Atty. Gen., Little Rock, Ark., for appellee.Before FAGG and MAGILL, Circuit Judges, SNEED,* Senior Circuit Judge.MAGILL, Circuit Judge.Petitioner Erma JoAnn York (York) appeals the denial of her petition for writ of habeas corpus. We affirm.I. BACKGROUNDThis case arises out of York's involvement in a 1983 robbery and murder in Arkansas. On advice of counsel, York pled guilty to one count of first degree murder and three counts of forgery, to avoid the possibility of receiving the death penalty. She received consecutive sentences totalling seventy years. After exhausting all available state remedies, York brought this habeas corpus action pursuant to 28 U.S.C. Sec . 2254. She alleged that her guilty plea was defective and that she deserved post-conviction relief because of ineffective assistance of counsel.After reviewing the evidence, the district court1 concluded that counsel's conduct was reasonable and that, even if the conduct alleged by York had occurred, there was no evidence that she would have insisted on going to trial. Therefore the district court denied York's petition.II. DISCUSSIONTo prevail on an ineffective assistance claim, a petitioner must show that counsel's performance fell below an objective standard of competence and that the specific errors alleged prejudiced the defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984). "Prejudice" means a reasonable probability that, but for counsel's errors, the proceeding would have ended in a different result. Id. 466 U.S. at 694, 104 S.Ct. at 2068. The Supreme Court applied this two-part standard to ineffective assistance claims arising out of the plea process in Hill v. Lockhart, 474 U.S. 52, 106 S.Ct. 366, 88 L.Ed.2d 203 (1985). In a guilty plea case such as York's, therefore, petitioner must show both that counsel's performance did not meet the standard of competence and that "there is a reasonable probability that, but for counsel's errors, [she] would not have pleaded guilty and would have insisted on going to trial." Hill, 474 U.S. at 59, 106 S.Ct. at 370.We agree with the district court's finding that counsel's conduct did not fall below the level of reasonable professional conduct. In her brief, York focuses on counsel's failure to submit jury instructions on various points of Arkansas law. York attacks, inter alia, her counsel's failure to submit an instruction, or raise a defense, based on the state's failure to adduce evidence corroborating her accomplice's testimony. See Ark.Stat.Ann. Sec. 43-2116.2 As the district court points out, tbere is no factual or legal support for these assertions of error; because the matter did not go to trial, there was no need to request instructions.In her habeas petition, York did not claim that her attorney's failure to rely on section 43-2116 constituted ineffective assistance. As a general rule, we are precluded from considering a claim that was not raised before the district court. Wallace v. Lockhart, 701 F.2d 719, 727 (8th Cir.), cert. denied,Try vLex for FREE for 3 days
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