Vang
Vang v. Nevada
Opinion
Lead Opinion
MEMORANDUM *
We affirm the district court’s denial of Kou Lo Vang’s (‘Vang’s”) petition for writ of habeas corpus, in light of the deference we afford state courts under the Anti-Terrorism and Effective Death Penalty Act, 28 U.S.C. § 2254 (d)(1),(2), and the particular facts of this case (including but not limited to Vang’s employment as a translator, his ability to critique the Lao-English translation during the preliminary hearing and one witness’s testimony, and his attorney’s inability to point to any specific exchange where a translator’s presence would have had a substantive impact on the trial).
As to Vang’s chief claim, the state trial court’s determination that Vang did not need a translator to communicate in and comprehend English was not an unreasonable determination of the facts in light of the state court record. Cf. United States v. Mayans, 17 F.3d 1174, 1179-81 (9th Cir.1994). The trial court observed Vang for a day and a half before removing the interpreter, and invited Vang’s counsel to demonstrate need. Moreover, while Vang’s testimony (particularly his grammar) was not flawless, it was both responsive and communicative. Last, the trial court expressly…