Willie Cantrell v. L.S. McEwen

MEMORANDUM

Willie Dorsey Cantrell (“Appellant”) appeals the district court’s denial of his petition for writ of habeas corpus after his conviction on four counts of committing a lewd act upon a child under California Penal Code § 288(a). He contends that the trial court violated his Sixth Amendment right to a jury trial when it imposed an upper term sentence based on aggravating factors that were not submitted to the jury. He also argues that the trial court violated his constitutional right to present a defense when it excluded his proposed expert witness offered for the proposition that child witness testimony could be subject to suggestion. As Appellant’s habeas petition was filed after April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) applies. Under the AEDPA, a writ of habeas corpus may not be granted unless the state court decision was either: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States;” or (2) “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).…