Barbara McNeiece v. Mary Lattimore

MEMORANDUM

California state prisoner Barbara Ann McNeieee appeals the district court’s denial of her 28 U.S.C. § 2254 petition for habeas corpus. We have jurisdiction under 28 U.S.C. § 2258 , and we affirm.

We review de novo the district court’s denial of habeas relief. Doody v. Ryan, 649 F.3d 986, 1001 (9th Cir.2011) (en banc). McNeieee claims that her Sixth Amendment Confrontation Clause rights were violated when the state trial court admitted excerpts of an autopsy report into evidence through a pathologist who had not conducted the autopsy and the pathologist testified in reliance on the autopsy report. Under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), we must reject McNeiece’s Confrontation Clause claim unless the state court’s adju dication resulted in a decision that either (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) “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).

Here, the trial court admitted into evidence, as a business record,…