Norman

Norman v. Galaza

Good Law
90 F. App'x 218
United States Court of Appeals for the Ninth CircuitFebruary 12, 2004No. 03-55735; D.C. No. CV-02-01742-DOCCalifornia615 words

Opinion

Lead Opinion

*219 MEMORANDUM *

California state prisoner Jonathan Norman appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of stalking in violation of California Penal Code § 646.9. The jury found that Norman had been convicted twice before for assault with a deadly weapon (CalPenal Code § 1170.12(a)-(d) (1997)); the Los Angeles Superior Court therefore sentenced Norman on June 17, 1998 to a term of twenty-five years to life in Corcoran State Prison, under California’s “Three Strikes” law, CalPenal Code § 667(b).

Norman claims that his conviction violated due process, because there was insufficient evidence to prove beyond a reasonable doubt each element of the stalking offense under section 646.9.

Under the Antiterrorism and Effective Death Penalty Act of 1996, our standard of habeas review on appeal is significantly deferential to the judgment of the State court. See 28 U.S.C. § 2254 (d). We may not grant a petition as to any claim adjudicated upon the merits in State court, unless that adjudication “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as…

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