Earl Ball v. Charles Ryan

MEMORANDUM

Petitioner-Appellant, Earl Ball, appeals from the district court’s order denying his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Ball was convicted in two trials of twelve counts of sexual exploitation of a minor, in violation of Arizona Revised Statutes §§ 13-3553(A)(2), 13-3551, 13-701, and 13-801, based on his possession of two videotapes and ten photographs of child pornography. He was sentenced to two aggravated sentences of ten years, to be served consecutively, for his convictions related to the videotapes. Because the parties are familiar with the history of this case, we need not recount it here. We have jurisdiction to review Ball’s appeal under 28 U.S.C. §§ 1291 and 2253(a), and we affirm.

This court reviews a district court’s decision to deny a habeas petition de novo. Stokes v. Schriro, 465 F.3d 397, 401 (9th Cir.2006). Because Ball filed his petition after April 24, 1996, this court’s review of the state court’s decision is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). AEDPA prohibits granting the writ “with respect to any claim that was adjudicated on the merits in State court proceedings unless the…