Jessica Holmes v. Deborah Johnson

MEMORANDUM

Petitioner Jessica Holmes, a state prisoner serving a life-without-possibility-of-parole sentence, appeals the U.S. District Court for the Eastern District of California’s order denying her habeas corpus petition. We have jurisdiction over this matter under 28 U.S.C. § 2253 .

This Court may grant relief on a “claim that was adjudicated on the merits” in state court if the state court’s decision was: “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court;” or based on “an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.” 28 U.S.C. § 2254 (d).

A decision is contrary to federal law if the state court applies a rule that contradicts controlling Supreme Court authority or “if the state court confronts a set of facts that are materially indistinguishable from a decision” of the Court but arrives at a different result. Williams v. Taylor, 529 U.S. 362, 406 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). The state court’s factual findings are presumed to be correct unless the petitioner rebuts this presumption by clear and convincing evidence. Miller-El…