In a murder prosecution, denial of a habeas petition is affirmed where petitioner offered no evidence indicating that defense counsel was unreasonable or ineffective for selecting his chosen trial strategy, as the strategy was intended to and did prevent petitioner from receiving the death penalty.

Read Matylinsky v. Budge, No. 08-15459

Appellate Information

Argued and Submitted May 5, 2009

Filed August 18, 2009

Judges

Opinion by Judge Tallman

Counsel

For Appellant:

Franny A. Forsman, Office of the Federal Public Defender, Las Vegas, NV

John C. Lambrose, Office of the Federal Public Defender, Las Vegas, NV

For Appellees:

Catherine Cortez Masto, Office of the Nevada Attorney General, Reno, NV

Amy E. Crowe, Office of the Nevada Attorney General, Reno, NV

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