Garnes

Garnes v. Lamarque

Good Law
306 F. App'x 374
United States Court of Appeals for the Ninth CircuitJanuary 5, 2009No. 07-15656California1,512 words

Opinion

Lead Opinion

MEMORANDUM **

Ronald Games, a state prisoner, petitions for review of the district court’s denial of his Petition for a Writ of Habeas Corpus. Games was convicted in the California Superior Court of one count of attempted murder, Cal-Penal Code §§ 664, 187; one count of simple assault, id. § 240; one count of assault with a deadly weapon, id. § 245(b); and one count of discharge of a firearm with gross negligence, id. § 246.3. The jury also found true several enhancements for use of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 2253 (a), and we affirm.

Because Garnes’s claims are governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), habeas relief may be granted only upon a finding that the last reasoned state court decision rejecting Garnes’s claims “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); see Avila v. Galaza, 297 F.3d 911, 917-18 (9th Cir.2002). We review de…

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