Edward Ray, Jr. v. Jeffrey Beard

MEMORANDUM

Edward Vincent Ray, Jr. appeals from the district court’s denial of his petition for a writ of habeas corpus filed pursuant to 28' U.S.C. § 2254. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

Ray contends that the admission of his codefendant’s confession violated the Confrontation Clause because the confession did not redact all references to Ray. We review the district court’s denial of habeas relief de novo. Murdaugh v. Ryan, 724 F.3d 1104, 1113 (9th Cir. 2013).

As a preliminary matter, we agree with Ray that his Confrontation Clause claim is exhausted. Ray does not offer any evidence beyond that contained in the state court record, and his arguments before the state courts set forth the operative facts . necessary to establish the legal basis of his claim. See Vasquez v. Hillery, 474 U.S. 254, 260 , 106 S.Ct. 617 , 88 L.Ed.2d 598 (1986); Davis v. Silva, 511 F.3d 1005, 1009-11 (9th Cir. 2008).

We also agree- that the California Court of Appeal’s factual finding underlying the rejection of the Confrontation Clause claim was unreasonable, see 28 U.S.C. § 2254 (d)(2), and that the admission of the improperly redacted confession…