Parkinson

Parkinson v. Cambra

Good Law
105 F. App'x 185
United States Court of Appeals for the Ninth CircuitJuly 1, 2004No. 03-16479; D.C. No. CV-01-00103-LKKCalifornia1,077 words

Opinion

Lead Opinion

MEMORANDUM *

Cambra (the State) appeals the district court’s grant of John Parkinson’s 28 U.S.C. § 2254 habeas petition. The district court granted habeas relief on three grounds: (1) prejudicial juror misconduct, (2) juror bias, and (3) ineffective assistance of counsel. Because the district court failed to accord proper deference to the state trial and appellate courts’ factual findings and their application of federal law under 28 U.S.C. § 2254 (d) & (e), we reverse.

I

Because Parkinson’s petition was filed after April 24, 1996, the amendments to 28 U.S.C. § 2254 under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) apply. Benn v. Lambert, 283 F.3d 1040, 1051 (9th Cir.2002). Federal *187 courts may not grant habeas relief unless the record shows that the state court determination was based on an unreasonable determination of the facts or that the application of constitutional principles to the facts was objectively unreasonable under United States Supreme Court authority. 28 U.S.C. § 2254 (d) & (e). We review de novo the district court’s grant of a petition for writ of habeas corpus. Williams v. Taylor, 529 U.S. 362, 384 , 120 S.Ct. 1495 , 146 L.Ed.2d 389…

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