Stinson

Stinson v. Butler

Good Law
69 F. App'x 858
United States Court of Appeals for the Ninth CircuitJune 25, 2003No. 02-56193California555 words

Opinion

Lead Opinion

MEMORANDUM *

Warden Diana Butler (“the State”) appeals the District Court’s conditional grant of defendant/petitioner Brian Stinson’s 28 U.S.C. § 2254 habeas petition challenging his conviction for second degree murder. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we reverse.

Stinson filed his habeas petition in 1998; thus, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) governs our review. Lindh v. Murphy, 521 U.S. 320, 327 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the limited review provided by AEDPA, federal courts can grant habeas relief to state prisoners only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States” 1 or “resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceedings.” 28 U.S.C. § 2254 (d). See Williams v. Taylor, 529 U.S. 362, 404-05 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

We must “[a]s a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.