Collins

Collins v. Carey

Good Law
312 F. App'x 74
United States Court of Appeals for the Ninth CircuitFebruary 12, 2009No. 06-17195California894 words

Opinion

Lead Opinion

MEMORANDUM **

Floyd Collins appeals the District Court’s denial of his petition for writ of habeas corpus challenging his conviction for first degree murder and the use of a firearm in the commission of the offense. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm.

“A district court’s decision to grant or deny a petition for habeas corpus under 28 U.S.C. § 2254 is reviewed de novo.” Dows v. Wood, 211 F.3d 480, 484 (9th Cir.2000). “However, findings of fact made by the district court relevant to the denial of his habeas corpus petitions are reviewed for clear error.” Bonin v. Calderon, 59 F.3d 815, 823 (9th Cir.1995).

Pursuant to the Antiterrorism and Effective Death Penalty Act (“AEDPA”), a habeas petition “shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim ... 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.” 28 U.S.C. § 2254 (d)(1).

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