Nigel Hider v. J. Walker

MEMORANDUM

Petitioner-Appellant Nigel K. Hider appeals a district court order denying his 28 U.S.C. § 2254 habeas corpus petition, and presents three grounds for relief: (1) there was insufficient evidence to support the specific intent element of the gang-related sentencing enhancement, Cal-Penal Code § 186.22; (2) the prosecutor committed misconduct by violating the trial court’s order to refrain from mentioning a second attempted arson on the victim’s residence; and (8) Hider’s trial counsel rendered ineffective assistance by failing to object to the testimony concerning the second arson incident. Only the first issue was certified for appeal, and we decline to expand the certificate of appealability. We have jurisdiction under 28 U.S.C. § 2258 (a), and we affirm.

The California Court of Appeal previously rejected Hider’s argument that there was insufficient evidence that he possessed the requisite specific intent “to promote, further, or assist in any criminal conduct by gang members” for the § 186.22 sentencing enhancement. A writ of habeas corpus on behalf of a state prisoner may not be granted on a claim that was adjudicated on the merits in state court, unless such…