Orner

Orner v. Farmon

Good Law
116 F. App'x 844
United States Court of Appeals for the Ninth CircuitNovember 15, 2004No. 03-17238California1,076 words

Opinion

Lead Opinion

MEMORANDUM *

Reta Gale Orner appeals the district court’s order denying her 28 U.S.C. § 2254 habeas corpus petition. We reverse. Because the parties are familiar with the factual and procedural history of this ease, we will not recount it here.

Because Orner filed her petition after April 24, 1996, it is governed by the Anti-terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Lindh v. Murphy, 521 U.S. 320, 336 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the portions of AEDPA relevant to this case, federal courts may not grant a habeas petition that was adjudicated on the merits in state court unless the adjudication “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.” 28 U.S.C. § 2254 (d)(1).

The primary question in this case is whether the state court’s application of Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984), was unreasonable. The essential facts are undisputed. Petitioner was accused of murdering her husband and tried twice for the crime. In the first trial, Orner’s counsel introduced a videotape…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.