Trent

Trent v. Evan

Good Law
309 F. App'x 201
United States Court of Appeals for the Ninth CircuitJanuary 20, 2009No. 07-16941California1,179 words

Opinion

Lead Opinion

MEMORANDUM **

Appellant Patrick Allen Trent (“Trent”) appeals the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 , challenging his jury conviction for murder in the first degree and engaging in street terrorism. On appeal, Trent contends that he received ineffective assistance of counsel based on his attorney’s alleged actual conflict of interest and that the jury instructions defining the principle of aiding and abetting violated his right to due process by lowering the prosecution’s burden of proof for the essential element of premeditation and deliberation for first degree murder.

Because the parties are familiar with the facts, we do not recite them in detail. We review de novo the district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas corpus petition. Jensen v. Pliler, 439 F.3d 1086, 1088 (9th Cir.2006). Trent’s petition is governed by the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, a state prisoner is entitled to relief if the state court adjudication of a claim resulted in a decision that “was contrary to, or involved an unreasonable application of, clearly established Federal…

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