Merkle
Williams v. Merkle
Opinion
Lead Opinion
*563 MEMORANDUM **
Robert Earl Williams, a state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition, wherein Williams challenges his convictions for attempted robbery, kidnap for robbery, and carjacking, on the ground that the state trial court impermissibly excluded expert witness testimony concerning eye witness identification. We review a district court’s decision to deny or grant a 28 U.S.C. § 2254 habeas petition de novo. See Alcala v. Woodford, 334 F.3d 862, 868 (9th Cir.2003). We have jurisdiction under 28 U.S.C. § 2253 and affirm.
Under the Antiterrorism and Effective Death Penalty Act, a habeas petitioner must demonstrate that the state court’s adjudication of the merits 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 resulted in a decision that was based on an unreasonable determination of the facts. 28 U.S.C. § 2254 (d)(1), (2); see Lockyer v. Andrade, 538 U.S. 63, 71 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). State court findings of fact are presumed correct unless the petitioner rebuts the…