Johnson v. McGrath

MEMORANDUM **

Richard Johnson was convicted by a jury in state court for transporting heroin and possessing heroin for sale. He appeals the district court’s denial of his federal habeas petition arguing that it was objectively unreasonable for the state supreme court to conclude: (1) that his due process rights were not violated by the prosecutor’s use of hearsay in closing argument; and (2) that his right to effective assistance of counsel was not violated by his trial counsel’s failure to object to the prosecutor’s use of hearsay in closing argument. The district court had jurisdiction pursuant to 28 U.S.C. § 2241 and § 2254. We have jurisdiction over this timely appeal under 28 U.S.C. § 2253 , and we affirm.

Even if the prosecutor’s use of hearsay statements in closing argument was improper, such impropriety did not “so infect[ ] the trial with unfairness as to make the resulting conviction a denial of due process.” Darden v. Wainwright, 477 U.S. 168, 181-83 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986) (holding that prosecutor’s closing argument, while condemnable, did not render conviction “fundamentally unfair” where the closing remarks were invited by the defense’s opening…