Elijah White v. Debra Dexter

MEMORANDUM

Elijah White, a California state prisoner, appeals the district court’s denial of his habeas corpus petition. We affirm. Because the factual and procedural baekground is familiar to the parties, we need not recount it here.

I

White challenges the jury instructions as ambiguous. On federal habeas review, the question is not whether the instruction was deficient. Rather, the question is “whether the ailing instruction by itself so infected the entire trial that the resulting conviction violates due process.” Estelle v. McGuire, 502 U.S. 62, 72 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991) (quoting Cupp v. Naughten, 414 U.S. 141, 147 , 94 S.Ct. 396 , 38 L.Ed.2d 368 (1973)). Here, the California Court of Appeal determined that White’s proposed definitions of residence and knowledge do not accurately reflect California law. We are bound by that determination. Bradshaw v. Richey, 546 U.S. 74, 76 , 126 S.Ct. 602 , 163 L.Ed.2d 407 (2005). The state appellate court also determined that the “regularly resided” element was “squarely before the jury,” even though not separately enumerated in the jury instructions. This conclusion was not objectively unreasonable. 28 U.S.C. § 2254…