Chris Anthony George v. Raymond Madden

Filing 61

ORDER RE: PETITION FOR WRIT OF HABEAS CORPUS by Judge R. Gary Klausner. Petitioner seeks a writ of habeas corpus on the ground of ineffective assistance of counsel. Upon review of the parties' arguments, the Court DENIES the Petition 1 for the following reasons: (1) the facts and evidence indicate that Petitioner made the decision to go to trial on his own volition; (2) Petitioner has failed to provide evidence showing that Attorney Davitt's advice was ungrounded or otherwise u nreasonable; (3) Petitioner has failed to show that Attorney Davitt provided false, misleading, or otherwise inaccurate information to him. While in hindsight, Attorney Davitt's advice led to a negative outcome for Petitioner, this alone does not constitute adequate grounds for prevailing on a claim for ineffective assistance of counsel. (wr)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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CHRIS ANTHONY GEORGE,

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Plaintiff(s),
vs.
RAYMOND MADDEN,
Defendant(s).

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Case No. 5:16-cv-01016-RGK-AJW
ORDER RE PETITION FOR WRIT OF
HABEAS CORPUS

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Petitioner seeks a writ of habeas corpus on the ground of ineffective assistance of

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counsel. Upon review of the parties’ arguments, the Court DENIES the Petition for the

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following reasons: (1) the facts and evidence indicate that Petitioner made the decision to go to

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trial on his own volition; (2) Petitioner has failed to provide evidence showing that Attorney

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Davitt’s advice was ungrounded or otherwise unreasonable; (3) Petitioner has failed to show that

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Attorney Davitt provided false, misleading, or otherwise inaccurate information to him. While

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in hindsight, Attorney Davitt’s advice led to a negative outcome for Petitioner, this alone does

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not constitute adequate grounds for prevailing on a claim for ineffective assistance of counsel.

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Dated: February 8, 2018

R. GARY KLAUSNER
UNITED STATES DISTRICT JUDGE