Watkins

Watkins v. Waddington

Good Law
165 F. App'x 543
United States Court of Appeals for the Ninth CircuitJanuary 27, 2006No. 05-35244; D.C. No. CV-02-05089-RJBCalifornia315 words

Opinion

Lead Opinion

*544 MEMORANDUM ***

Petitioner Dajuma Watkins (“Watkins”) appeals the denial of his federal petition for a writ of habeas corpus. The only issue in this appeal is whether Watkins’ trial was prejudicially marred by prosecutorial misconduct during closing argument. Because the parties are familiar with the facts, we do not recite them here.

“Improper argument does not, per se, violate a defendant’s constitutional rights.” Jeffries v. Blodgett, 5 F.3d 1180, 1191 (9th Cir.1993) (citations omitted). Prosecutorial misconduct rises to the level of a constitutional violation only when the misconduct “so infected the trial with unfairness as to make the resulting conviction a denial of due process.” Darden v. Wainwright, 477 U.S. 168, 181 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986) (citation omitted).

After de novo review of the record, we find no error in the district court’s denial of federal habeas corpus relief. None of the prosecutor’s five remarks challenged by Watkins, individually or collectively, rises to the level of constitutional trial error or raises any “grave doubt” that the trial error “had substantial and injurious effect or influence in determining the jury’s verdict.”…

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.