Jeffrey Lungberg v. Larry Scribner

MEMORANDUM

Jeffrey Lungberg was convicted by a jury in the State of California of various criminal counts arising from his molesting his stepdaughter, Jane Doe. Lungberg appealed his conviction to the California Court of Appeal, asserting various claims, including prosecutorial misconduct at trial and ineffective assistance of trial counsel (IAC). The Court of Appeal affirmed. The California Supreme Court summarily denied review.

Lungberg then filed a habeas petition in federal court. The District Court for the Central District of California denied relief. We granted a certificate of appealability on: (1) whether Lungberg was entitled to relief as a result of the alleged prosecutorial misconduct; or (2) whether trial counsel was ineffective because of his failure to object to the alleged prosecutorial misconduct. We affirm.

We review de novo the district court’s denial of a § 2254 petition. Samayoa v. Ayers, 649 F.3d 919, 928 (9th Cir.2011). “On habeas review, constitutional errors of the ‘trial type,’ including prosecutorial misconduct, warrant relief only if they ‘had substantial and injurious effect or influence in determining the jury’s verdict.’ ” Wood v. Ryan, 693 F.3d…