Danny Raviart v. Joseph McGrath

MEMORANDUM

Danny Raviart appeals the district court’s denial of his petition for a writ of habeas corpus. Raviart claims that there was not sufficient evidence to support his conviction of assault on Sacramento Police Officer Joe Wagstaff, that the instructions issued by the trial court omitted an element of assault, and that the trial judge committed misconduct by aggressively questioning witnesses. We have jurisdiction under 28 U.S.C. § 1291 , and we AFFIRM.

We review the district court’s denial of a § 2254 habeas petition de novo; Blair v. Martel, 645 F.3d 1151 , 1154 n. 1 (9th Cir.2011). Because this appeal was filed after April 24, 1996, the Anti-Terrorism and Effective Death Penalty Act (“AED-PA”) applies. Under AEDPA, federal ha-beas relief may not be granted unless the state court’s adjudication of the petitioner’s claim “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 U.S.C. § 2254 (d)(1). Because the California Supreme Court rejected Raviart’s direct appeal without comment, we review the opinion of the California Court of Appeal. Avila…