Travis Easter v. Steve Franke
694 F. App'x 540
| 9th Cir. | 2017Background
- Travis Easter, an Oregon state prisoner, appealed the dismissal with prejudice of his 28 U.S.C. § 2254 habeas petition alleging ineffective assistance of counsel.
- Easter challenged trial counsel’s failure to object to the father’s alleged vouching testimony and to part of the mother’s alleged vouching testimony.
- He also asserted ineffective assistance of appellate counsel in the state proceedings.
- The Oregon Court of Appeals had considered and rejected claims about the mother’s testimony; federal review is thus subject to AEDPA deference.
- The district court dismissed the habeas petition with prejudice; the Ninth Circuit panel affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial counsel failed to object to father’s vouching testimony (ineffective assistance) | Easter: failure to object was deficient and prejudicial | State: counsel made a reasonable strategic choice; no deficiency or prejudice | Affirmed — counsel’s choice was a valid strategy; no Strickland deficiency or prejudice |
| Trial counsel failed to object to portion of mother’s vouching testimony (ineffective assistance) | Easter: counsel should have objected; this claim is before federal court | State: Oregon Court of Appeals already considered and rejected the testimony; AEDPA deference applies | Affirmed — state court’s rejection was not contrary to or an unreasonable application of federal law under § 2254(d) |
| Ineffective assistance of appellate counsel (federal habeas) | Easter: appellate counsel ineffective, warranting relief or excusing procedural default | State: claim is procedurally defaulted | Affirmed — Davila bars federal habeas review of procedurally defaulted ineffective-assistance-of-appellate-counsel claims |
| Procedural default and Martinez gateway for ineffective-assistance-of-trial-counsel claims | Easter: must show cause and prejudice under Martinez to overcome default | State: Easter cannot establish cause (counsel not deficient) or prejudice | Affirmed — Martinez requires showing Strickland deficiency and prejudice; Easter failed to do so |
Key Cases Cited
- Martinez v. Ryan, 566 U.S. 1 (2012) (procedural default gateway for ineffective-assistance-of-trial-counsel claims where state postconviction counsel was ineffective)
- Strickland v. Washington, 466 U.S. 668 (1984) (standard for deficient performance and prejudice in ineffective-assistance claims)
- Clabourne v. Lewis, 64 F.3d 1373 (9th Cir. 1995) (recognizing that reasonable trial strategy can justify not objecting)
- Cunningham v. Wong, 704 F.3d 1143 (9th Cir. 2013) (discussing prejudice standard under Strickland in habeas context)
- Runningeagle v. Ryan, 825 F.3d 970 (9th Cir. 2016) (describing AEDPA’s highly deferential standard for state-court rulings)
- Davila v. Davis, 137 S. Ct. 2058 (2017) (holding federal habeas courts cannot review procedurally defaulted ineffective-assistance-of-appellate-counsel claims)