Myers

Myers v. Castor

Good Law
184 F. App'x 663
United States Court of Appeals for the Ninth CircuitJune 16, 2006No. 04-16906California472 words

Opinion

Lead Opinion

MEMORANDUM **

California state prisoner Christopher Willard Myers appeals from the district court’s judgment denying his 28 U.S.C. § 2254 petition challenging his conviction by jury trial for 35 counts of sexual abuse of a minor under 14 and his 76-year sentence. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review de novo the dismissal of a § 2254 petition, see Lott v. Mueller, 304 F.3d 918, 922 (9th Cir.2002), and affirm.

Myers first contends that the trial court denied him due process by excluding evidence offered to impeach the credibility of the complaining witness. We conclude that the California Court of Appeal’s decision that the disputed testimony was properly excluded because the testimony was of marginal relevance, was potentially confusing to the jury, and would have consumed undue time, was not contrary to, or an unreasonable application of, clearly established federal law. See Montana v. Egelhoff, 518 U.S. 37, 42-43 , 116 S.Ct. 2013 , 135 L.Ed.2d 361 (1996) (holding due process rights are not violated by exclusion of relevant evidence where probative value is outweighed by danger of prejudice or confusion).

Myers next contends that the trial court denied…

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