Thomas
Thomas v. Alameida
Opinion
Lead Opinion
MEMORANDUM *
California state prisoner John Thomas petitioned for a writ of habeas corpus, under 28 U.S.C. § 2254 , after his convictions on charges of continuous sexual abuse of a child, and lewd and lascivious acts with a child under the age of 14, were affirmed on appeal. The district court denied the petition. As the parties are familiar with the facts, procedural history, and arguments, we will not recount them here. We affirm.
The provisions of the Antiterrorism and Effective Death Penalty Act (“AEDPA”) *557 apply because Thomas’s habeas petition was filed after the act’s effective date of April 24, 1996. See Rios v. Rocha, 299 F.3d 796 , 799 n. 4 (9th Cir.2002). Under AEDPA, a habeas corpus petition cannot be granted unless the state court decision was: (1) “contrary to, or involved an unreasonable application of, clearly established Federal law” or (2) “based on an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254 (d)(1), (2). A state court decision is contrary to clearly established federal law if “the state court arrivefd] at a conclusion opposite to that reached by [the Supreme] Court on a question of law or if the state…