Hughes

MEMORANDUM ***

Petitioner Derek Wayne Hughes was convicted of 14 counts of lewd acts *801 upon a child under the age of 14, in violation of California Penal Code § 288(a). Hughes petitioned for habeas relief on three grounds: (1) insufficient evidence; (2) videotaped interview in violation of due process and right to confrontation; and (3) admissibility of prior uncharged acts evidence. The District Court denied Hughes’ habeas petition on the basis of procedural default, and subsequently granted a Certificate of Appealability (COA) for Hughes’ claim regarding his right to confrontation. Because Hughes’ petition cannot succeed on the merits, we need not address the question of procedural default. Additionally, our review is limited to the issue specified in the COA. Hiivala v. Wood, 195 F.3d 1098, 1103 (9th Cir.1999); United States v. Zuno-Arce, 209 F.3d 1095, 1102 (9th Cir.2000).

Under the Antiterrorism and Effective Death Penalty Act, this Court must uphold the state court’s decision unless it “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.” 28…