Hurd

ORDER DENYING PETITION FOR A WRIT OF HABEAS CORPUS

Petitioner Taliebu Daniel Hurd seeks a writ of habeas corpus under 28 USC § 2254 . Hurd claims that his Sixth and Fourteenth Amendment rights were violated because the trial court precluded evidence concerning the guilt of his accomplices, improperly admitted evidence of uncharged conduct, failed to give a limiting instruction regarding the same uncharged conduct, and provided a jury instruction that prevented free and fair deliberation. Hurd also contends that the cumulative effect of these alleged errors amounted to a denial of due process. For the reasons set forth below, the petition is DENIED.

STATEMENT OF THE CASE

On September 8, 1999, Hurd was convicted by a Santa Clara County jury for possession of cocaine base for sale and transportation of cocaine base under California Health and Safety Code §§ 11351.5 and 11352. He was sentenced to 13 years in prison, a term that included enhancements for a prior felony and commission of an offense while out on bail.

The judgment against Hurd was affirmed by the California Court of Appeal on February 21, 2001, and an order modifying the opinion and denying a rehearing was filed on…