Garcia

Garcia v. CDC Director

Good Law
162 F. App'x 736
United States Court of Appeals for the Ninth CircuitJanuary 11, 2006No. 04-17184; D.C. No. CV-00-02562-WBS/JFMCalifornia1,637 words

Opinion

Lead Opinion

*737 MEMORANDUM *

California state prisoner Martin Garcia appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition. Garcia contends the trial court’s use of a former version of California Jury Instruction (CALJIC) 2.50.01 violated his due process rights, and that evidence presented to the jury regarding a prior offense violated his rights under the Double Jeopardy Clause of the Fifth Amendment. We affirm the district court’s denial of the writ.

We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo a district court’s denial of a habeas petition. Taylor v. Maddox, 366 F.3d 992, 997 (9th Cir.2004).

On habeas review of a state court judgment, we look to the “ ‘last reasoned decision of the state court.’ ” Insyxiengmay v. Morgan, 403 F.3d 657, 665 (9th Cir.2005) (quoting Franklin v. Johnson, 290 F.3d 1223 , 1233 n. 3 (9th Cir.2002)). Here, that decision is the June 14, 1999, decision of the California Court of Appeal. We may grant habeas relief only if the California Court of Appeal’s decision either (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.