Ibarra

Ibarra v. Ryan

Good Law
312 F. App'x 42
United States Court of Appeals for the Ninth CircuitFebruary 10, 2009No. 07-55864California612 words

Opinion

Lead Opinion

MEMORANDUM **

Carlos Ibarra appeals the district court’s denial of his petition for a writ of habeas corpus. See 28 U.S.C. § 2254 . Because the parties are familiar with the facts, we only repeat them as necessary to understand our disposition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

Ibarra argues that, by denying him a continuance, the trial court prevented him from obtaining a witness crucial to his defense of mistaken identity. He also claims that the prosecutor disclosed the police report of a similar crime late, impairing his ability to present his defense. Ibarra must show the trial court’s

He is unable to make such a showing.

Clearly established Federal law regarding the denial of continuances is set out at a high level of generality, requiring only that the state court consider the relevant circumstances-including more than time considerations-before denying a continuance. See Ungar v. Sarafite, 376 U.S. 575, 589-90 , 84 S.Ct. 841 , 11 L.Ed.2d 921 (1964). Because the trial court heard extensive argument on the issue and cited more than mere time concerns in its decision, Ibarra is unable to show that it acted contrary to, or unreasonably applied,…

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