Ward

Ward v. Schriro

Good Law
148 F. App'x 610
United States Court of Appeals for the Ninth CircuitSeptember 1, 2005No. 03-17091California616 words

Opinion

Lead Opinion

Petitioner Calvin C. Ward (“Ward”) appeals the District Court’s denial of his 28 U.S.C. § 2254 habeas petition challenging his conviction and sentence (in one case) for three counts of child molestation, one count of sexual conduct with a minor, and one count of public sexual indecency, and (in a second case) one count of child molestation. Specifically, Ward contends that he was denied a fundamentally fair trial by the court’s refusal to sever the two cases for trial.

We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s denial of habeas corpus. Singh v. Ashcroft, 351 F.3d 435, 438 (9th Cir.2003) (citation omitted). Because Ward filed the petition after April 24, 1996, the effective date of the Antiterrorism and Effective Death Penalty Act of 1996, 28 U.S.C. § 2241 et. seq., that statute’s provisions apply. Rios v. Rocha, 299 F.3d 796 , 799 n. 4 (9th Cir.2002). Thus, habeas relief is available only if the state court’s decision was contrary to, or involved an unreasonable application of, clearly established United States Supreme Court precedent. 28 U.S.C. § 2254 (d). For the reasons discussed below, we affirm the District Court.

The Supreme…

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