Byrd

I. FACTS AND PROCEDURAL HISTORY1

A. The Crime

At noon on June 26, 1999, Lorena Coen (Coen) began drinking at her home. Later that afternoon she drove her 1984 Ford Mustang to Lewey G’s bar, where she continued to drink until she became intoxicated. Coen attempted to leave Lewey G’s but realized that she was too intoxicated to drive. Instead, Coen decided to park her car one-half block away, across the street from the house of two acquaintances. 1 The facts are taken from the opinion of the California Court of Appeal. See People v. Byrd, No. C034582, 2001 WL 1480516, at *1-3 (Cal. Ct. App. Nov. 21, 2001), as modified on denial of reh’g (Dec. 20, 2001). The California Court of Appeal’s findings of fact are presumed correct “unless [Byrd] can prove otherwise by clear and convincing evidence.” Sanders v. Lamarque, 357 F.3d 943, 948 (9th Cir. 2004) (citations omitted). We review this case under the “unreasonable application” analysis because the California Court of Appeal referred to the clearly established Supreme Court law of Sullivan v. Louisiana, 508 U.S. 275 (1993) see Byrd, 2001 WL 1480516, at *10; see also Gibson v. Ortiz, 387 F.3d 812, 814 (9th Cir. 2004) (explaining…