Wallace Levan Griffey v. Gary Lindsey, Warden

Wallace Levan Griffey appeals the district court’s denial of his habeas corpus petition, brought under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 2258 . We hold that Griffey’s petition is governed by the substantive standards of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) and that Griffey was not entitled to an evidentiary hearing on any of his claims. On the merits, we affirm the denial of Griffey’s habeas petition.

I

Griffey challenges his conviction on eleven criminal counts, including several counts of rape and burglary, arising out of three different incidents. The first incident involved a burglary and rape in a Monterey, California hotel on July 25, 1983. The second incident involved the rape of a female jogger in a neighboring town on August 14, 1983. The third incident involved the burglary and rape of a woman in her Monterey hotel room on August 16, 1983, as well as the terrorizing of her roommate.

Before trial, Griffey moved to exclude the identifications made by two of the victims, each of whom identified Griffey as the rapist. The state trial court held a hearing and denied Griffey’s motion. Grif-fey was convicted by…