Carey

*27 MEMORANDUM **

Brian Douglas Carey seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 following his state convictions for multiple counts of insurance fraud, presenting a fraudulent claim, and attempted grand theft of personal property. Carey argues that state court instructional errors and a Brady violation provide him with grounds for relief. We disagree and affirm.

We review de novo a district court’s decision to deny a § 2254 petition. 1 Carey’s petition comes under the AEDPA, and he must therefore show that the state court proceedings on the 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” 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 proceedings.” 2 We presume facts found by the state court to be true unless the petitioner rebuts this presumption with clear and convincing evidence. 3 Harmless error analysis applies.

Carey first argues that the state court committed constitutional error when it instructed the jury that, under…