Landon Jackson v. Martin Biter

MEMORANDUM

Landon Byron Jackson, a California state prisonér, appeals the district court’s denial of his petition for habeas corpus. His appeal challenges his conviction on two counts of attempted murder with firearm and gang enhancements. We affirm.

1.We give deference under the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2254 (d), to the California state court’s reasoned decision holding that any Confrontation Clause error in this case was harmless. Towery v. Schriro, 641 F.3d 300, 307 (9th Cir.2010). In light of the overwhelming evidence of Jackson’s guilt, including his admission that he was a gang member, and the testimony of multiple witnesses, we conclude that this decision was not reversible error. In the alternative, on de novo review, we would likewise conclude that any Confrontation Clause error did not have a substantial and injurious effect in determining the jury’s verdict.

2. To prevail on his due process claim, Jackson must show that the California court’s reasoning “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…