The following excerpt is from McGary v. Muniz, No. 2:15-cv-0807 KJM GGH P (E.D. Cal. 2016):
1. The undersigned has not investigated the strategy of defense counsel not to object to the very damaging admissions as no assertion of ineffective assistance of counsel has been brought forward by petitioner. However, since the murder weapon was found in petitioner's residence, along with eyewitnesses documenting petitioner's involvement in the murder, defense counsel may well have been focusing upon the asserted lack of intent required for murder, and not petitioner's factual involvement in the murder per se.
2. Bennett v. Mueller, 322 F.3d 573, 585 (9th Cir. 2003).
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