Turner

MEMORANDUM

Gerald Turner was convicted in California state court of multiple counts involving two unrelated rapes, both of which also involved kidnapping. Having exhausted his state court remedies, Turner now challenges the district court’s decision to deny his petition for habeas relief as to his sentence.

The provisions of the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) apply to a petition for writ of habeas corpus, like Turner’s, filed in federal court after April 24, 1996. The relevant provision of AEDPA limits the granting of federal writs of habeas corpus to circumstances where the state proceedings “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). Turner argues that his sentencing violated the rule from Blakely v. Washington, 542 U.S. 296, 301 , 124 S.Ct. 2531 , 159 L.Ed.2d 403 (2004), that aggravating factors other than a prior conviction must be found by the jury beyond a reasonable doubt.

In order to merit habeas relief under the “contrary to” clause of AEDPA, a petitioner must show not only…