Gavaldon

Gavaldon v. Cambra

Good Law
89 F. App'x 628
United States Court of Appeals for the Ninth CircuitFebruary 26, 2004No. 02-17061; DC No. CV 96-1164 DFLCalifornia696 words

Opinion

Lead Opinion

MEMORANDUM *

David Gavaldon appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Gavaldon raises several constitutional challenges arising from his shackling during trial and his counsel’s failure to object to the use of shackles at trial. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

The district court’s denial of a petition for a writ of habeas corpus is reviewed de novo. Brodit v. Cambra, 350 F.3d 985, 988 (9th Cir.2003). We review Gavaldon’s petition under the provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) because it was filed on June 20,1996, after the AEDPA’s effective date of April 24, 1996. See Lindh v. Murphy, 521 U.S. 320, 327-36 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the AED-PA, a federal court may grant a petition for a writ of habeas corpus with respect to a claim adjudicated on the merits in state court, only if the state court’s ruling “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or “was based on an unreasonable…

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