Harrison
Harrison v. McGrath
Opinion
Lead Opinion
MEMORANDUM **
Marcus Harrison, a state prisoner serving a life sentence, appeals from the district court’s denial of his petition for a writ of habeas corpus under 28 U.S.C. § 2254 . Harrison contends that his due process right to a fair trial was violated because there was insufficient evidence to support the conviction under California Penal Code §§ 664/187, 189 for premeditated and deliberate attempted murder. We have jurisdiction under 28 U.S.C. § 2253 and we affirm.
*772 Because the parties are familiar with the facts, we discuss them only insofar as necessary to reach our decision. Harrison’s petition is governed by 28 U.S.C. § 2254 , as amended by the Antiterrorism and Effective Death Penalty Act, Pub.L. No. 104-132, 110 Stat. 1214 (April 24, 1996) (“AED-PA”). Although our review of the district court’s decision to deny Harrison’s petition for writ of habeas corpus is de novo, Bribiesca v. Galaza, 215 F.3d 1015, 1018 (9th Cir.2000), under AEDPA a petition:
28 U.S.C. § 2254 (d). “The highest state court to have discussed these claims ... was the California Court of Appeal, so we consider its determination.” Greene v. Henry, 302 F.3d 1067, 1070-71 (9th Cir. 2002).