Valentine

MEMORANDUM *

Respondent appeals the district court’s conditional grant of Alexander Valentine’s petition for a writ of habeas corpus, and Valentine cross-appeals the district court's order denying the petition on one ground. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We reverse the district court’s conditional grant of the petition and affirm its denial of habeas relief.

The district court concluded that the prosecution’s use of Valentine’s post-arrest, pr e-Miranda silence as evidence of guilt violated his Fifth Amendment privilege against self-incrimination, and that the state court unreasonably applied clearly established Supreme Court law when it concluded that this use of Valentine’s silence was permissible. We may grant a writ for a petition of habeas corpus if the state court decision “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).

We cannot conclude that the state’s decision was contrary to, or an unreasonable application of, clearly established Supreme Court precedent because there is no precedent that is clearly applicable to these…