Netherly

MEMORANDUM ***

James Netherly appeals the district court’s order denying his 28 U.S.C. § 2254 petition for a writ of habeas corpus challenging his conviction for kidnapping, burglary and commission of lewd acts upon a child. He argues that the trial court improperly admitted the alleged victim’s hearsay statements and also denied him the right to confront a witness.

We review the district court’s decision to deny a § 2254 habeas petition de novo. Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001). Because Netherly’s petition was filed after April 24, 1996, it is subject to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). 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).

Netherly challenges the trial court’s decision to admit some of the victim’s out-of-court…