Defendant\u2019s federal habeas is denied on his claim of ineffective assistance of counsel as to his search. \u201cThe state court applied the proper legal standard and, deferring to the state court’s factual findings, including the court’s credibility determinations, the court’s application of that standard is not objectively unreasonable. Petitioner’s claims are largely conclusory, with no legal and\/or evidentiary basis, involve state evidentiary rulings or other matters of state law, involve strategic and tactical decisions made by counsel, or would have required counsel to make frivolous motions or objections, all of which generally do not entitle a state petitioner to federal habeas relief. See, e.g., Strickland, 460 U.S. at 689 (holding strategic decisions by counsel are virtually unchallengeable and generally do not provide a basis for postconviction relief on the grounds of ineffective assistance of counsel); ….\u201d Card v. Davis, 2019 U.S. Dist. LEXIS 13795 (N.D. Tex. Jan. 29, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s federal habeas is denied on his claim of ineffective assistance of counsel as to his search. \u201cThe state court applied the proper legal standard and, deferring to the state court’s factual findings, including the court’s credibility determinations, the court’s … Continue reading