Michael Nunley, II v. Fred Foulk

MEMORANDUM

Michael Nunley, II, appeals the dismissal of his habeas corpus petition. We have jurisdiction over this appeal under 28 U.S.C. § 2253 and affirm.

1. A federal habeas court may not grant relief to a state prisoner on a claim already “adjudicated on the merits in State court,” unless the adjudication “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.” 28 U.S.C. § 2254 (d)(1). Nunley argues that his Sixth Amendment claim was not adjudicated on the merits by the California Court of Appeal. We must presume, however, that the Court of Appeal adjudicated that claim on the merits even though it did not directly address it. Johnson v. Williams, — U.S. -, 133 S.Ct. 1088, 1096 , 185 L.Ed.2d 105 (2013). This “presumption is a strong one that may be rebutted only in unusual circumstances,” which are not presented here. Id.

2. A state court decision does not contradict or unreasonably apply clearly established federal law if no Supreme Court holding squarely addresses a defendant’s claim. Wright v. Van Patten, 552 U.S. 120, 126 , 128 S.Ct. 743 , 169…