Rand

Rand v. Kerman

Good Law
58 F. App'x 706
United States Court of Appeals for the Ninth CircuitFebruary 20, 2003No. 02-15051; D.C. No. CV-97-20028 EAICalifornia621 words

Opinion

Lead Opinion

MEMORANDUM ***

Ryan Rand (“Rand”) appeals the district court’s denial of his petition for writ of habeas corpus. Ryan was convicted of murder and robbery in California state court. After his convictions were affirmed on appeal in state court, he sought federal habeas relief on the grounds, inter alia, that various alleged errors in the jury instructions deprived him of due process. Habeas relief is not available unless the underlying state court decision was contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court. Early v. Packer, 537 U.S. 3 , 123 S.Ct. 362, 366 , 154 L.Ed.2d 263 (2002). We review de novo the decision to grant or deny a 28 U.S.C. § 2254 habeas petition. See Benn v. Lambert, 283 F.3d 1040, 1051 (9th Cir.2002). Alleged errors in state court jury instructions do not provide a basis for federal habeas relief unless the instructions infect the entire trial to such an extent that due process has been denied. Estelle v. McGuire, 502 U.S. 62, 72 , 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991). We have jurisdiction pursuant to 28 U.S.C. § 2253 .

Rand contends that his due process rights were violated because the trial…

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