Charles Hale, Jr. v. M. McDonald

MEMORANDUM

Petitioner-Appellant Charles L. Hale, Jr., appeals the district court’s denial of his 28 U.S.C: § 2254 habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Our review is governed by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Brown v. Ornoski, 503 F.3d 1006, 1010 (9th Cir.2007). AEDPA restricts federal courts from granting a habeas writ to a petitioner in custody after a state court judgment on the merits unless the petitioner can show that the state court’s last reasoned adjudication of the petitioner’s federal claim resulted in a decision that (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or (2) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

Hale and two codefendants were tried in state court before separate juries in connection with a drive-by shooting. Hale was convicted under an aiding and abetting theory of liability of attempted murder in violation of California Penal Code §§ 187(a) & 664.…