Walker

MEMORANDUM ***

The State of California, through its representative, appeals the district court’s judgment conditionally granting Aaron Morgan Walker’s petition for habeas corpus pursuant to 28 U.S.C. § 2254 . The district court—purporting to apply the standard of review required by the Anti-Terrorism and Effective Death Penalty Act (AEDPA)—concluded that Walker’s Sixth Amendment rights were violated when the trial court failed to re-arraign him on an amended criminal complaint and re-advise him of his right to counsel, at his preliminary hearing. The district court further concluded that the error required automatic reversal. We respectfully disagree with the district court, and accordingly reverse its grant of habeas relief.

We review the district court’s decision de novo. Sanders v. Ratelle, 21 F.3d 1446, 1451 (9th Cir.1994). The merits of this petition are viewed in light of the AEDPA. See Lindh v. Murphy, 521 U.S. 320, 336 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under the AEDPA, a habeas petition cannot be granted unless the state court decision: (1) “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the…