Vidales

Vidales v. McGrath

Good Law
70 F. App'x 926
United States Court of Appeals for the Ninth CircuitJuly 15, 2003No. 02-56696; D.C. No. CV-01-04214-GHKCalifornia1,215 words

Opinion

Lead Opinion

MEMORANDUM **

California state petitioner Jaime Vidales, Jr. (“Vidales”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas relief. Vidales was convicted of first degree murder, second degree robbery, and attempted robbery. The jury found that Vidales’s crime contained special circumstances because the murder was committed during a robbery. See Cal.Penal Code § 190.2(a)(17)(A).

The district court granted certification of appealability on the following issues: (1) whether the pretrial identification procedures were unduly suggestive; (2) whether the evidence was sufficient to support a finding that Vidales was a participant in the murder; and (3) whether there was sufficient evidence to support the robbery-murder special circumstance finding. We have considered each, and we affirm.

Vidales’s petition was filed after April 24, 1996, and is therefore subject to the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001). Under AEDPA, this court may not grant habeas relief for any claim adjudicated on the merits in state court unless the state court proceedings “(1) resulted in a decision…

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