Robert Smith v. Renee Baker

MEMORANDUM

Robert Anthony Smith (Smith) appeals the district court’s denial of his petition for a writ of habeas corpus brought under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

Under the Antiterrorism and Effective Death Penalty Act of 1996, habeas relief is available only if a state court’s prior adjudication of the petitioner’s claims “(1) 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; or (2) resulted in a decision that 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). Smith was convicted by a Nevada jury of second degree murder. The claims he is raising now were adjudicated by the Nevada Supreme Court. We hold that the Nevada Supreme Court’s dismissal of Smith’s prosecutorial misconduct claims and ineffective assistance of trial counsel claims was not contrary to or an unreasonable application of established federal law.

I

Smith alleges that several of the prosecutor’s statements during the'examination of a…