Ramirez
Ramirez v. Fairman
Opinion
Lead Opinion
MEMORANDUM *
Clarence A. Ramirez appeals the district court’s denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Ramirez contends that the out-of-court procedure used to identify him violated his due process rights. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.
The district court’s denial of a petition for a writ of habeas corpus is reviewed de novo. Brodit v. Cambra, 350 F.3d 985, 988 (9th Cir.2003). We review Ramirez’s petition under the provisions of the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”) because it was filed on July 15, 1999, after the AEDPA’s effective date of April 24, 1996. See Lindh v. Murphy, 521 U.S. 320, 327 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the AEDPA, a federal court may grant a petition for a writ of habeas corpus with respect to a claim adjudicated on the merits in state court, only if the state court’s ruling “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 “was based on an unreasonable determination of the facts in light of the evidence presented…