Collins
Collins v. Johnson
Opinion
Lead Opinion
MEMORANDUM *
Howard Collins appeals from the district court’s denial of his petition for habeas corpus relief under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2258 , and review the district court’s denial of a habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). We affirm.
Collins’ habeas petition was filed April 22, 1998, and is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lindh v. Murphy, 521 U.S. 320 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). In order to succeed, Collins must demonstrate that the state court adjudication of his claims on their merits “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 U.S.C. § 2254 (d)(1); Williams v. Taylor, 529 U.S. 362, 405 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000); Van Tran v. Lindsey, 212 F.3d 1143, 1149 (9th Cir.) cert. denied, 531 U.S. 944 , 121 S.Ct. 340 , 148 L.Ed.2d 274 (2000).
In light of the recent Supreme Court decision in Mickens v. Taylor, — U.S. -, 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002), we conclude that Collins’…