Gronquist

Gronquist v. Walter

Good Law
17 F. App'x 548
United States Court of Appeals for the Ninth CircuitAugust 16, 2001No. 99-36044; D.C. No. CV-98-01239-JCCCalifornia1,364 words

Opinion

Lead Opinion

MEMORANDUM

Washington state prisoner Derek Gron-quist petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Gronquist was convicted of three counts of attempted kidnaping in the first degree. He appeals the district court’s order denying his habe-as petition, arguing that the state trial court erred in substantially increasing his sentence because of his potential for future dangerousness. He contends that the trial court improperly admitted expert testimony based upon confidential material derived from his Sexual Offender Treatment Program (“SOTP”) files, thereby violating his Fifth Amendment right against self-incrimination.

Under 28 U.S.C. § 2254 (d), we may grant habeas relief from a state court decision only if the state adjudication “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 “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); see Williams v. Taylor, 529 U.S. 362 , 120 S.Ct. 1495, 1511 , 146 L.Ed.2d…

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