Truitt Moore v. Mike Evans

MEMORANDUM

Petitioner Truitt Moore appeals from the denial of his petition for a writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

We review the denial of Moore’s habeas petition de novo. Brown v. Horell, 644 F.3d 969, 978 (9th Cir.2011). The Antiterrorism and Effective Death Penalty Act (“AEDPA”) governs this matter. See Lindh v. Murphy, 521 U.S. 320, 322 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). We cannot grant federal habeas relief absent a showing that the California Court of Appeal’s denial of Moore’s claims (1) was contrary to clearly established Supreme Court case law, (2) involved an unreasonable application of that law, or (3) was based on an unreasonable determination of the facts in light of the record before the state court. Harrington v. Richter, — U.S.-, 131 S.Ct. 770, 785 , 178 L.Ed.2d 624 (2011) (citing 28 U.S.C. § 2254 (d)). Moore has not established such error.

The California Court of Appeal did not act contrary to or unreasonably apply clearly established Supreme Court case law when it held that the state trial court did not abuse its discretion in denying Moore’s motion for substitution of counsel pursuant to People…