Nguyen
Nguyen v. Lamarque
Opinion
Lead Opinion
MEMORANDUM **
Petitioner Nhan Nguyen timely appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. We apply the very high standard required by 28 U.S.C. § 2254 (d); habeas relief is available here only if the state court’s adjudication of the claim involved either an unreasonable determination of the facts or an unreasonable application of clearly established federal law as declared by the Supreme Court. We have jurisdiction under 28 U.S.C. § 2253 , we review the decision of the district court de novo, see Paulino v. Castro, 371 F.3d 1083, 1085 (9th Cir.2004), and we affirm.
The California Court of Appeal concluded that evidence contained in suppressed police reports that could have been used to prove Nguyen acted in self defense and to impeach witnesses Johnny Lai, Jeffery Voong, San Vong, and Christopher Tong was not sufficient to undermine the court’s confidence in the outcome of the trial. Testimony from objective witnesses established that Nguyen shot the victim without any provocation. Further, Lai, Voong, Vong, and Tong were not the only witnesses who testified against Nguyen, and they were strongly impeached by other evidence. Moreover,…