Kozol

Kozol v. Payne

Good Law
329 F. App'x 707
United States Court of Appeals for the Ninth CircuitMay 5, 2009No. 08-35094California937 words

Opinion

Lead Opinion

MEMORANDUM **

Steven Paul Kozol (“Kozol”) was convicted in a Washington state court of attempted first degree murder and burglary while armed with a deadly weapon. He challenged his state conviction in a habeas petition in the Western District of Washington. The district court denied the petition and Kozol filed a timely appeal. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and we affirm.

Kozol’s challenge to his state court conviction is subject to the Antiterrorism and Effective Death Penalty Act of 1996, which requires that in order to be granted relief, Kozol must show either that the state *709 court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or “was 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); Williams v. Taylor, 529 U.S. 362, 386, 403-04 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

First, Kozol alleges that the State’s knowing reliance on Detective Gul-la’s alleged false testimony at the pretrial suppression hearing violated Kozol’s due process…

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