Borrero

Borrero v. Fleming

Good Law
143 F. App'x 774
United States Court of Appeals for the Ninth CircuitAugust 5, 2005No. 04-35757; D.C. No. CV-03-03907-TSZCalifornia983 words

Opinion

Lead Opinion

MEMORANDUM *

Borrero appeals from the district court’s judgment denying his habeas petition filed *775 pursuant to 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review the district court’s denial of habeas corpus relief de novo, see Handa v. Clark, 401 F.3d 1129, 1132 (9th Cir.2005), and we affirm.

Like the district court, we interpret the Washington Supreme Court’s opinion as assuming that the erroneous jury instruction on accomplice liability presented a constitutional error, but holding that the error was harmless. Borrero may not obtain habeas relief unless the state court’s rejection of his claim on harmless error grounds “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); see also Medina v. Hornung, 386 F.3d 872, 878-79 (9th Cir.2004) (affirming denial of habeas relief because state court’s “harmless error analysis was neither contrary to, nor an unreasonable application of, clearly established federal law”).

Borrero challenges two aspects of the state court’s decision. First, he argues that the instructional error was…

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