Carpenter

MEMORANDUM

California state prisoner Marcus Cole Carpenter appeals from the district court’s order denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Carpenter contends that at trial, the court improperly admitted statements that the robbery victim had made to responding paramedics and police officers, in violation of his Sixth Amendment right to confrontation.

The state court’s determination that the victim’s statements to paramedics were admissible was not contrary to, or an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254 (d)(1). The record reflects that the purpose of the paramedics’ questions was to address the victim’s ongoing medical emergency, rather than to assist law enforcement, and that the questioning took place in a chaotic environment that lacked any “level of formality.” Davis v. Washington, 547 U.S. 813, 827 , 126 S.Ct. 2266 , 165 L.Ed.2d 224 (2006).

Further, it was not an unreasonable determination of the facts for the state court to hold that police legitimately believed that there was an ongoing emergency at the time they questioned the victim. 28 U.S.C. § 2254…