Thomas Morris v. Tim Virga

MEMORANDUM

Thomas P. Morris seeks habeas relief from his state conviction for felony-murder on the ground that the state trial court violated his constitutional right to present a complete and coherent defense by excluding evidence that for years Morris had told doctors and others that he was being pursued by devil worshipers.

Because Morris’s federal habeas petition was filed after the Antiterrorism and Effective Death Penalty Act of 1996 (“AED-PA”), 28 U.S.C. § 2254 , AEDPA’s more stringent standards govern. See Cunningham v. Wong, 704 F.3d 1143, 1153 (9th Cir.2013). Habeas relief is proper only if Morris shows that the state court’s decision on the merits “(1) resulted in a decision that 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) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.” 28 U.S.C. § 2254 (d); see also Lockyer v. Andrade, 538 U.S. 63, 70-71 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003).

In United States v. Scheffer, 523 U.S. 303, 308 , 118 S.Ct. 1261 , 140…