Mario Merino v. Marion Spearman

MEMORANDUM

Appellant Mario Merino appeals the district court’s denial of his petition for writ of habeas corpus. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

We review a district court’s denial of a habeas petition de novo. Musladin v. Lamarque, 555 F.3d 830, 835 (9th Cir.2009). A habeas petition challenging a state court conviction may be granted only if the last reasoned state court decision (1) was “contrary to, or involved an unreasonable application of, clearly established Federal law,, as determined by the Supreme Court of the United States,” or (2) “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d).

. Merino was convicted of aggravated sexual assault of a child under 14 and 10 or more years younger than him. He argues that the trial court violated his due process rights under Doyle v. Ohio, 426 U.S. 610 , 96 S.Ct. 2240 , 49 L.Ed.2d 91 (1976), by permitting the prosecution tó question him and to comment on his invocation of his right to remain silent in a police interview after receiving his Miranda warnings. He argues the…