Crummel

Crummel v. Cambra

Good Law
348 F. App'x 219
United States Court of Appeals for the Ninth CircuitSeptember 8, 2009No. 08-56003California965 words

Opinion

Lead Opinion

MEMORANDUM ***

James Lee Crummel (“Crummel”) was convicted in a California state court of two counts of oral copulation on a person unable to resist due to intoxication. He challenged his state conviction in a federal habeas corpus petition filed in the United States District Court for the Central District of California. The district court denied the petition and Crummel filed a timely appeal. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 , 2253, and we affirm.

Crummel’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, Crummel must show either that the state 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, 403-05 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). Our analysis is limited to the law as it was clearly established by Supreme Court precedent “at the…

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