Crabtree

Crabtree v. Henry

Good Law
37 F. App'x 234
United States Court of Appeals for the Ninth CircuitApril 18, 2002No. 01-15516; D.C. No. CV-96-01313-FCD/JFMCalifornia1,371 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Dennis Shannon Crabtree (“Crabtree”) was convicted of forcible oral copulation, penetration by a foreign object, and three counts of a forcible lewd and lascivious act with a child under fourteen years of age in violation of the California Penal Code. On appeal, Crabtree contends that his habeas petition, filed pursuant to 28 U.S.C. § 2254 , should have been granted because he was denied effective assistance of counsel and because he was precluded from presenting a defense which denied him his right to a fair trial. We review the district court’s decision to deny a § 2254 habeas petition de novo. See Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). We have jurisdiction under 28 U.S.C. §§ 1291 & 2253, and we affirm.

Crabtree’s petition was filed after the effective date of the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”) and is therefore governed by the provisions of AEDPA. See Lindh v. Murphy, 521 U.S. 320 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under AEDPA, we may reverse a state court’s decision denying relief only if that decision (1) was contrary to clearly established federal law as determined by the Supreme Court…

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