Kevin Camp v. Dwight Neven

MEMORANDUM

Kevin Lenear Camp, a Nevada state prisoner, appeals the district court’s denial of his writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm in part and reverse and remand in part.

We review de novo the district court’s denial of a habeas petition. Cavitt v. Cullen, 728 F.3d 1000, 1004 (9th Cir.2013). Because Camp filed his federal habeas petition after 1996, we review the state court’s ruling under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Henry v. Ryan, 720 F.3d 1073, 1078 (9th Cir.2013). Under AEDPA, if a claim was “adjudicated on the merits in State court proceedings,” the court may grant habeas relief only if the state court’s decision was “contrary to, or involved an unreasonable application of’ clearly established Supreme Court precedent, or “was based on an unreasonable determination of the facts.” 28 U.S.C. § 2254 (d).

1. Due Process Claims

Camp argues that the trial court violated his due process rights by (1) denying his pretrial motions for continuances; (2) denying his request for additional time to call a sur-rebuttal expert; and (3) allowing the State to call a rebuttal expert without…