Opinion
Civil Action No. 08-cv-01235-ZLW-KMT.
May 7, 2009
ORDER
This matter is before the court on Petitioner's "Request to Enter Affidavits Into the Record Under Habeas Corpus Rule 7" (Doc. No. 35) filed May 4, 2009.
Petitioner seeks to expand the record to add "affidavits" of his parents. The court notes the "affidavits" are not sworn or notarized. Moreover, the court finds the "affidavits" contain only subjective statements. Strickland v. Washington, 466 U.S. 668 (1984), established standards a petitioner must satisfy to overcome the strong presumption of attorney competence. The Strickland test requires a showing of both deficient performance by counsel and prejudice to the petitioner as a result of the deficient performance. Strickland, 466 U.S. at 687. The "affidavits" have little, if any, relevance to the Strickland test.
Accordingly, Petitioner's "Request to Enter Affidavits Into the Record Under Habeas Corpus Rule 7" (Doc. No. 35) is DENIED.