Rivera

Rivera v. Pliler

Good Law
120 F. App'x 667
United States Court of Appeals for the Ninth CircuitDecember 30, 2004No. 03-56199California797 words

Opinion

Lead Opinion

MEMORANDUM *

Robert Ray Rivera brings this 28 U.S.C. § 2254 habeas petition alleging *669 that errors at his jury trial deprived him of his constitutional rights under the Sixth and Fourteenth Amendments to the U.S. Constitution. Specifically, Rivera argues his constitutional right to an impartial jury was violated because a juror looked up the word “intent” in a dictionary. He also argues the trial court improperly inserted a reasonable person standard into the imperfect self-defense jury instruction. Finally, he argues the exclusion of testimony related to why he was carrying a gun violated his right to present a defense.

Rivera was convicted of first-degree murder, attempted voluntary manslaughter, assault with a semi-automatic firearm, and battery with serious bodily injury. He appealed in state court and the conviction was affirmed. He filed a habeas petition in federal district court. The district court, adopting the magistrate judge’s report and recommendation, denied Rivera’s habeas petition. We affirm.

On federal habeas review Rivera’s petition is governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), Pub.L. No. 104-132, 110 Stat. 1214 (Apr.…

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