Ricky L. Foote v. Frankie Sue Del Papa E.K. McDaniel

Foote appeals from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have juris-to review the district court’s judgment under 28 U.S.C. § 2258 (a). See Olvera v. Giurbino, 371 F.3d 569, 572 (9th Cir.2004). We review the judgment de novo, Nunes v. Mueller, 350 F.3d 1045, 1051 (9th Cir. 2003), and we affirm.

I

A. The Trial Testimony & Direct Appeal

In the early morning of February 1, 1987, Foote and a man who Foote later identified as his father (or father-in-law) entered the Mint Hotel in Las Vegas, Nevada. Kathryn Shiroky, Keith Taylor, and Foote’s wife, Vicky, were seated together at a bar in the hotel. Foote and his father argued with Shiroky, Taylor, and Vicky. A security guard removed Foote and his father from the premises. Approximately 5:30 a.m., Vicky, Shiroky, and Taylor went to the Footes’ apartment. Vicky and Shi-roky went inside while Taylor remained outside in his car.

Shiroky testified at trial that she was drunk when she arrived at the apartment, where she and Vicky planned to gather some of Vicky’s clothes. Shiroky also testified that they planned to lie to Foote, telling him that Vicky would spend the night at Shiroky’s…