Ronald James Brewer v. James Hall, Warden

Ronald Brewer appeals from the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 . Brewer argues that California Jury Instruction (“CALJIC”) 17.41.1 violated his constitutional rights. This case arises under the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), and there is no clearly established federal law determined by the Supreme Court that indicates that the use of CALJIC 17.41.1 was constitutionally improper in Brewer’s case. We therefore agree with the district court that the California Court of Appeal did not unreasonably apply clearly established federal law in rejecting Brewer’s challenge to his conviction.

I.

Brewer’s conviction arose from the robbery of Laura Fifer. As Fifer was exiting her vehicle in front of her apartment complex, Brewer rode by on a bicycle and snatched Fifer’s purse from her- shoulder. The purse contained ID cards, credit cards and between $40 and $50 in cash. After Fifer entered her apartment and called 911, Brewer returned to shout threats at her from outside her apartment. Brewer left before the police arrived but was apprehended a block away. He gave a false name to arresting…