Cheatam

Cheatam v. Waddington

Good Law
177 F. App'x 716
United States Court of Appeals for the Ninth CircuitApril 24, 2006No. 05-35064California323 words

Opinion

lead Opinion

MEMORANDUM *

Petitioner Jerry Dawayne Cheatam appeals the district court’s denial of his 28 U.S.C. § 2254 habeas petition following the Washington Supreme Court’s en banc affirmance of his state court conviction for first-degree rape with a deadly weapons enhancement. Cheatam claims the state trial court violated his due process rights by excluding the testimony of Cheatam’s proffered expert witness on the reliability of eyewitness identification. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm. 1

Cheatam is in custody pursuant to a judgment of a state court. Therefore, the writ of habeas corpus will not be granted unless the state court’s adjudication resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States, or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. 28 U.S.C. § 2254 (d). We review de novo “[t]he district court’s denial of a 28 U.S.C. § 2254 habeas petition.” Chia v. Cambra, 360 F.3d 997, 1002 (9th Cir.2004).

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