Garcia

MEMORANDUM **

Francisco Garcia, a California prisoner, appeals the denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his conviction after a jury trial for felony murder and related burglary crimes. We granted a certificate of appealability and appointed counsel.

Under AEDPA, we can reverse a state court’s decision denying relief only if the decision either was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” or “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).

Garcia first contends that the district court should have granted the petition on the basis of the erroneous admission at trial of statements elicited in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602 , 16 L.Ed.2d 694 (1966). In order to hold that their admission constituted a constitutional violation justifying habeas relief, we must conclude that their admission had “[a] substantial and injurious effect or influence” on the verdict. Brecht v. Abrahamson, 507 U.S. 619, 638 , 113 S.Ct. 1710 , 123 L.Ed.2d…