Ayers

MEMORANDUM *

Raymond Alford Bradford (“Bradford”) appeals the district court’s dismissal of his petition for a writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 . This court reviews de novo a district court’s decision to deny a habeas petition. Killian v. Poole, 282 F.3d 1204, 1207 (9th Cir.2002), cert. denied, 537 U.S. 1179 , 123 S.Ct. 992 , 154 L.Ed.2d 927 (2003). As the facts are familiar to the parties, we do not recite them here except as necessary to understand our disposition.

We reverse the district court’s decision with respect to the due process claim as it relates to the prejudicial nature of the videotapes, but only as to the counts alleging that Bradford headbutted an officer on July 25, 1996, that he battered an officer on February 8, 1997, and that he spit on officers on March 21, 1997. 1 We affirm the district court’s denial of Bradford’s due process claim arising out of the alleged discovery violation.

1. Prejudicial Nature of the Tapes

We conclude that the content of the videotapes, depicting Bradford as, even in a prison environment, an uncontrollable and degraded being, was so prejudicial as to render Bradford’s trial fundamentally unfair, in…