Christopher Lundin v. S. Kernan

Good Law
583 F. App'x 686
United States Court of Appeals for the Ninth CircuitJuly 17, 201411-56425California475 words

Opinion

Opinion

MEMORANDUM

Christopher Lundin appeals from the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Lundin argues that his Confrontation Clause and due process rights were violated when the state trial court admitted evidence of gang graffiti linking him to the crime and permitted expert testimony regarding the graffiti. He also contends that his trial counsel was ineffective for failing to object to the graffiti evidence. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

Our review is governed by the Antiter-rorism and Effective Death Penalty Act of 1996, which prescribes a highly deferential standard preventing a federal court from granting relief to a person in custody pursuant to a state court judgment “with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim — (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…

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