Young

Young v. Duncan

Good Law
135 F. App'x 75
United States Court of Appeals for the Ninth CircuitJune 16, 2005No. 04-55164California778 words

Opinion

Lead Opinion

MEMORANDUM **

Lauren Young, a California state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. Young argues that the trial court’s dismissal of Juror 9 violated his Sixth Amendment right to a fair and impartial jury. We review de novo the district court’s decision to deny a 28 U.S.C. § 2254 habeas petition. Himes v. Thompson, 336 F.3d 848, 852 (9th Cir.2003). Because Young’s habeas petition was filed after the effective date of the Antiterrorism and Effective Death Penalty Act, Pub.L. 104-132, 110 Stat. 1214 (Apr. 24, 1996) (“AEDPA”), AEDPA governs Young’s petition. Delgado v. Lewis, 223 F.3d 976, 979 (9th Cir.2000).

Under AEDPA, “state court findings of fact are presumed correct unless rebutted by clear and convincing evidence” or “based on an unreasonable evidentiary foundation.” 28 U.S.C. § 2254 (e)(1); Gonzalez v. Pliler, 341 F.3d 897, 903 (9th Cir.2003). AEDPA requires this court to “defer to the state court’s determination of the federal issues unless that determination is ‘contrary to, or involved an unreasonable application of, clearly established Federal law.’ ” Himes, 336 F.3d at 852 (quoting Lockyer v. Andrade, 538 U.S. 63…

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