Sampson

Sampson v. Larson

Good Law
52 F. App'x 387
United States Court of Appeals for the Ninth CircuitDecember 10, 2002No. 01-56473; D.C. No. CV-99-03015-WDKCalifornia259 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Anthony Sampson, serving a 39-year to life sentence for second degree murder, appeals the denial of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the denial of a 28 U.S.C. § 2254 petition, Mendez v. Small, 298 F.3d 1154, 1157-58 (9th Cir.2002), and affirm.

Sampson contends that he was denied due process when the prosecutor, in closing argument, improperly used the trial court’s ruling on the admissibility of a document to vouch for the reliability of a witness’ testimony. This contention lacks merit. 1 The state courts did not clearly err in finding that, while the comment was inappropriate, the judge’s admonition and jury instructions neutralized the comment so it did not render the trial fundamentally unfair. See Darden v. Wainwright, 477 U.S. 168, 181-82 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986); Drayden v. White, 232 F.3d 704, 713-14 (9th Cir.2000) (applying pre-AEDPA standard); Van Tran v. Lindsey, 212 F.3d 1143, 1149-50 (9th Cir.2000) (describing AEDPA standard). The district court properly denied the habeas petition. See 28 U.S.C. § 2241 (c)(3) (limiting *388 habeas relief to…

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