Flores

Flores v. Adams

Good Law
319 F. App'x 514
United States Court of Appeals for the Ninth CircuitJanuary 22, 2009No. 07-15342California498 words

Opinion

Lead Opinion

MEMORANDUM *

Flores appeals from the district court’s denial of his petition for writ of habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253. We affirm.

Flores argues that he is entitled to ha-beas relief because the state court’s decision to admit evidence of his prior bad acts violated federal due process. Flores’ claim is squarely foreclosed by Alberni v. McDaniel, 458 F.3d 860 (9th Cir.2006). In Albemi, we held that the admission of propensity evidence did not entitle a petitioner to habeas relief because there is no clearly established Supreme Court precedent holding that the admission of such evidence is a violation of due process. Id. at 863-64 , citing Estelle v. McGuire, 502 U.S. 62 , 75 n. 5, 112 S.Ct. 475 , 116 L.Ed.2d 385 (1991). We recently re-affirmed this ruling in Mejia v. Garcia, 534 F.3d 1036, 1046 (9th Cir.2008). In this case, as with the petitioners in Albemi and Mejia , Flores can point to no Supreme Court precedent holding that the admission of propensity evidence at trial is unconstitutional. Therefore, we hold that the state court’s decision to admit evidence of his prior bad acts was not contrary to clearly established Supreme…

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.