Kathryn Potter v. Tina Hornbeck

MEMORANDUM

California state prisoner Kathryn Potter (“Potter”) appeals the denial of her petition for a writ of habeas corpus alleging that her conviction for second-degree murder violated due process. We affirm.

Potter’s conviction arose from the death of twelve-year-old Christopher Cejas (“Christopher”).. The evidence at trial showed that Andrew Cejas (“Cejas”), Potter’s putative husband and Christopher’s father, beat the child to death. Potter was in the apartment she shared with .Cejas during the beating and in the hours afterward but did nothing to protect Christopher or seek medical care for him.

The district court had jurisdiction over Potter’s petition for a writ of habeas corpus under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2253 .

We review de novo the district court’s denial of a prisoner’s petition for a writ of habeas corpus. Woods v. Sinclair, 655 F.3d 886, 896 (9th Cir.2011) (citing Brown v. Ornoski, 503 F.3d 1006, 1010 (9th Cir.2007)). Potter must show that the state court’s adjudication of her claims “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the…