Davis

MEMORANDUM **

On April 2, 1998, a jury convicted petitioner Lisa Davis of gross vehicular manslaughter while intoxicated. She filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 , arguing that the state violated her right to due process under the Fourteenth Amendment. Davis contends that the state toxicologist used up all of what she argues was a potentially exculpatory blood sample taken shortly after her accident, preventing her from performing a test that might have demonstrated that she was not under the influence of heroin at the time of the fatal automobile accident.

Davis argues that the Antiterrorism and Effective Death Penalty Act’s (“AEDPA”) deferential standard of review should not apply, because AEDPA is unconstitutional. This issue was not certified for appeal. We exercise our discretion not to address it.

The state court’s denial of Davis’s Fourteenth Amendment claim was not contrary to, nor did it involve an unreasonable application of, clearly established federal law. See 28 U.S.C. § 2254 (d)(1). Davis concedes that the state did not know that the blood sample had any exculpatory value. To establish a due process violation when the…