Delbert Paulino v. R.A. Castro, Warden

Petitioner Delbert Paulino is serving a life sentence, plus one year, without the possibility of parole. A California jury convicted Paulino of kidnapping for robbery in violation of section 209(b) of the California Penal Code, second-degree robbery in violation of section 211, and first-degree murder in violation of section 187(a), for his. participation in the events leading to the killing of Aundray Boykins. The California Court of Appeal affirmed Paulino’s conviction in an unpublished opinion, and the California Supreme Court summarily denied his petition for review. Paulino petitioned the district court for a writ of habeas, corpus under 28 U.S.C. § 2254 , as amended by the Antiterrorism and Effective Death Penalty Act of 1996, Pub.L. No. 104-132, § 104 , 110 Stat. 1214 , 1218-19 (1996). Adopting the magistrate judge’s report apd recommendation in full, the district court dismissed Paulino’s petition with prejudice. He appeals. We review de novo. Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000).

1. Seven months after Boykins’s killing, the Los Angeles Police Department brought Paulino in for questioning. At the police station, Detective Robert Felix elicited a number of…