Cida

Cida v. McGrath

Good Law
310 F. App'x 202
United States Court of Appeals for the Ninth CircuitJanuary 28, 2009No. 06-55904California255 words

Opinion

Lead Opinion

MEMORANDUM *

We affirm the district court’s denial of Adrian Cida’s habeas petition and dismissal with prejudice. Cida filed his petition after April 16, 1996, so our review is limited by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Stevenson v. Lewis, 384 F.3d 1069, 1071 (9th Cir.2004).

Cida is not entitled to relief on the certified issue. 1 The California court of appeal’s conclusion that there was no violation of Cida’s due process rights under Brady v. Maryland, 373 U.S. 83 , 83 S.Ct. 1194 , 10 L.Ed.2d 215 (1963), is not contrary to, or an unreasonable application of, *203 clearly established federal law. Evidence of the misconduct allegations and investigation of Officer Montoya could reasonably be determined to be not material under Brady. See Stickler v. Greene, 527 U.S. 263, 291-94 , 119 S.Ct. 1936 , 144 L.Ed.2d 286 (1999); see also Wood v. Bartholomew, 516 U.S. 1, 6-7 , 116 S.Ct. 7 , 133 L.Ed.2d 1 (1995) (per curiam).

AFFIRMED.

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

. Cida also argues that the California court of appeal erred by holding that his attorney did not render…

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.