Robert Smith v. Stuart Sherman
Opinion
Opinion
MEMORANDUM
Robert Lee Smith appeals the district court’s order denying his petition for a writ of habeas corpus challenging his California convictions for first-degree murder and for using a firearm in the commission of a felony. A jury convicted Smith under California Penal Code § § 187 and 12022.5 for shooting and killing a convenience-store owner while he and two accomplices robbed the store. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). We affirm.
Our review of Smith’s claims is highly deferential. Under the Antiterrorism and Effective Death Penalty Act (“AEDPA”) of 1996, a federal court cannot grant the ha-beas relief Smith seeks unless he shows that the state court’s last reasoned adjudication of his federal claims resulted in a decision that (1) “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) “was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d); Harrington v. Richter, 562 U.S. 86 , 131 S.Ct. 770, 785 , 178 L.Ed.2d 624 (2011).