Arnold

Arnold v. Runnels

Good Law
187 F. App'x 683
United States Court of Appeals for the Ninth CircuitJune 7, 2006No. 05-15914California641 words

Opinion

Lead Opinion

MEMORANDUM **

Wayne Arnold appeals the district court’s denial of his petition for habeas corpus relief, contending that his convictions for felony-murder and robbery should be overturned because of defective jury instructions. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and affirm.

*684 Arnold’s petition and appeal are governed by the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA), Pub.L. No. 104-132, 110 Stat. 1214. We ■will grant habeas relief only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. 2254(d)(1).

Petitioner challenges the jury instructions on robbery and the denial of his request for theft instructions. The California Court of Appeal held that the robbery instructions were proper as a matter of state law. We are bound by that ruling as to state-law matters. Federal relief may be based only on federal constitutional error. There is only constitutional error in state jury instructions if some infirmity in them “by itself so infected the entire trial that the resulting conviction violates due process.” Cupp v. Naughten,…

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