Phillippi

Phillippi v. Castro

Good Law
51 F. App'x 253
United States Court of Appeals for the Ninth CircuitNovember 21, 2002No. 01-56236; D.C. CV-00-04246-ABC(RZ)California576 words

Opinion

Lead Opinion

MEMORANDUM

Bruce Phillippi appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . Phillippi is an inmate in California state prison. He challenges his jury conviction for the murder and robbery of Daniel Austrian and his sentence of 17 years to life *254 imprisonment. Phillippi contends that the trial court violated his constitutional rights when it denied his motions to sever his trial from that of his co-defendant Shain Bowker. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Reviewing de novo, see Alvarado v. Hill, 252 F.3d 1066, 1068 (9th Cir.2001), we affirm.

Phillippi filed his habeas petition in 2000; thus, the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) governs our review. Lindh v. Murphy, 521 U.S. 320, 327 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the limited review provided by AEDPA, federal courts can grant habeas relief to state prisoners only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 3 28 U.S.C. § 2254 (d)(1). A state court’s decision is “contrary to”…

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