Nakashima
Nakashima v. Kane
Opinion
Opinion
Alsup, J.
ORDER DENYING PETITION FOR WRIT OF HABEAS CORPUS
This is a habeas corpus case filed by a state prisoner pursuant to 28 U.S.C. § 2254. The petition is directed to denial of parole.
The court ordered respondent to show cause why the writ should not be granted. Respondent has filed an answer and a memorandum of points and authorities in support of it, and has lodged exhibits with the court. Petitioner has responded with a traverse. For the reasons set forth below, the petition is Denied.
STATEMENT
In 1986 petitioner ■ pled guilty in Los Angeles County Superior Court to second degree murder. He received a sentence of fifteen years to life in prison. In 2003 he was denied parole for the sixth time; it is that parole decision he challenges here. He alleges that he has exhausted these claims by way of state habeas petitions.
DISCUSSION
A. Standard op review
A district court may not grant a petition challenging a state conviction or sentence on the basis of a claim that was reviewed on the merits in state court unless the state court’s adjudication of the claim: “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal…