Michael Jimenez v. Ralph M. Diaz

MEMORANDUM

Michael Jimenez appeals the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a). As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We conclude the decisions made by the California state courts were not contrary to, and did not unreasonably apply, clearly established federal law. See 28 U.S.C. § 2254 (d)(1); Williams v. Taylor, 529 U.S. 362, 405-06 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). Accordingly, we affirm the denial of habeas relief by the district court.

Jimenez argues that his right to due process was violated due to instructional errors by the trial court and the prosecutor. This issue was covered by the certificate of appealability previously issued. The state court concluded that the instructions, taken as a whole, provided the jury with correct legal information, highlighting the emphasis placed on the need for the jury, to find Jimenez guilty of first-degree murder, to find that Jimenez premeditated about and deliberated the killing. Instructions are considered as a whole. Cupp v. Naughten, 414 U.S.…