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Bradford v. Runnels

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 929 (9th Cir. 2003)

Opinion


73 Fed.Appx. 929 (9th Cir. 2003) Kenneth Wayne BRADFORD, Petitioner--Appellant, v. D.L. RUNNELS, Warden; California State Attorney General, Respondents--Appellees. No. 02-55735. D.C. No. CV-01-03233-AHS. United States Court of Appeals, Ninth Circuit. August 19, 2003

Argued and Submitted August 6, 2003.

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

Appeal from the United States District Court for the Central District of California, Alicemarie H. Stotler, District Judge, Presiding.

Page 930.

Before KOZINSKI, T.G. NELSON, Circuit Judges, and RESTANI, Judge.

The Honorable Jane A. Restani, United States Court of International Trade, sitting by designation.

MEMORANDUM

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.

The district court did not err in denying Bradford's habeas petition, which claimed his trial counsel was ineffective because he failed to argue that Bradford was illegally searched. See Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). At the time of Bradford's suppression hearing, there was no clearly established federal law that parolee searches require reasonable suspicion, and People v. Reyes, 19 Cal.4th 743, 754, 80 Cal.Rptr.2d 734, 968 P.2d 445 (1998), held parolees had no reasonable expectation of privacy. Griffin v. Wisconsin, 483 U.S. 868, 107 S.Ct. 3164, 97 L.Ed.2d 709 (1987), was not sufficiently clear as to the requirements for parolee searches so as to make United States v. Knights, 534 U.S. 112, 122 S.Ct. 587, 151 L.Ed.2d 497 (2001)-which was decided well after Bradford's suppression hearing-inevitable. Thus, trial counsel's tactical decision to shift arguments to fit within the framework of Reyes was "within the range of competence demanded of attorneys in criminal cases." Strickland, 466 U.S. at 687 (quoting McMann v. Richardson, 397 U.S. 759, 771 n. 14, 90 S.Ct. 1441, 25 L.Ed.2d 763 (1970)). For the same reasons, Bradford's appellate counsel was not ineffective for failing to raise a Sixth Amendment claim on appeal.

AFFIRMED.


Summaries of

Bradford v. Runnels

United States Court of Appeals, Ninth Circuit
Aug 19, 2003
73 F. App'x 929 (9th Cir. 2003)
Case details for

Bradford v. Runnels

Case Details

Full title:Kenneth Wayne BRADFORD, Petitioner--Appellant, v. D.L. RUNNELS, Warden…

Court:United States Court of Appeals, Ninth Circuit

Date published: Aug 19, 2003

Citations

73 F. App'x 929 (9th Cir. 2003)