Blasingame
Blasingame v. Terhune
Opinion
Lead Opinion
MEMORANDUM *
Appellant Ralph Blasingame appeals from the district court’s denial of his petition for habeas corpus pursuant to 28 U.S.C. § 2254 , challenging his 1995 California state conviction for second-degree murder with the use of a firearm. We affirm.
As the parties are familiar with the facts, we recite them only as necessary.
Petitioner’s claims were rejected by the Superior Court of Sacramento County, the Court of Appeal of the State of California, and the California Supreme Court. The U.S. District Court for the Eastern District of California denied Blasingame’s petition. This court granted a Certificate of Appealability on January 18, 2002.
The Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) establishes the standard for federal review of habeas petitions by defendants held in custody resulting from state court judgments. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002). Because Blasingame filed his petition after April 24,1996, it is governed by AEDPA. Lindh v. Murphy, 521 U.S. 320, 336-37 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997).
AEDPA permits the granting of a writ of habeas corpus only when the state court decision is (1) “contrary to” or…