HOFFMAN v. ARAVE

No. 02-99004.

455 F.3d 926 (2006)

Maxwell HOFFMAN, Petitioner-Appellant, v. Arvon J. ARAVE, Warden, Idaho Maximum Security Institution, Department of Correction, State of Idaho, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2006.


Attorney(s) appearing for the Case

Joan M. Fisher, (argued and brief) Federal Defenders of Eastern Washington and Idaho, Moscow, ID, and Ellison Matthews (brief), Boise, ID, for the petitioner-appellant.

L. LaMont Anderson, Deputy Attorney General, Boise, ID, for the respondent-appellee.

Before PREGERSON, W. FLETCHER, and GOULD, Circuit Judges.


PREGERSON, Circuit Judge.

The petitioner, Maxwell Hoffman, appeals the denial of his 28 U.S.C. § 2254 habeas petition based on ineffective assistance of counsel during pre-trial plea bargaining and during the guilt phase of his trial for the murder of Denise Williams. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm in part and reverse in part.

I. Factual Background

The facts of the murder of Denise...

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