Olivares

Olivares v. Garcia

Good Law
318 F. App'x 494
United States Court of Appeals for the Ninth CircuitFebruary 13, 2009No. 07-55448California775 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner John Olivares appeals the district court’s judgment denying his habeas corpus petition under 28 U.S.C. § 2254 . He challenges his 2001 state court conviction for one count of murder and three counts of attempted murder. Olivares also requests that the panel grant his motion to expand the certificate of appealability (“COA”) to address an additional uncertified issue. We have jurisdiction under 28 U.S.C. § 2253 . We affirm the district court’s denial of the petition and deny Olivares’s motion to expand the COA.

I.

The denial of a habeas petition is reviewed de novo. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). We review the petition under the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Under AEDPA, a habeas petition cannot be granted unless the state court decision was (1) “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or was (2) “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d)(1)—(2).

II.

Olivares challenges his…

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