Parratt

Parratt v. Lewis

Good Law
198 F. App'x 613
United States Court of Appeals for the Ninth CircuitAugust 23, 2006No. 05-16166California326 words

Opinion

Lead Opinion

MEMORANDUM *

John Wesley Parratt, Jr. (“Parratt”) appeals the district court’s denial of his petition for a writ of habeas corpus. This *614 Court has jurisdiction under 28 U.S.C. § 2253 . We review de novo the district court’s denial. Collier v. Bayer; 408 F.3d 1279, 1281 (9th Cir.2005). We affirm.

The California Court of Appeal’s decision finding sufficient evidence that Parratt’s Oregon robbery convictions constituted robbery under California law was not contrary to established federal law. See 28 U.S.C. § 2254 (d); see also Williams v. Taylor, 529 U.S. 362, 405-07 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000) (explaining that the contrary-to prong of § 2254(d) applies when the state court fails to identify the controlling federal standard); Jackson v. Virginia, 443 U.S. 307, 319 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979) (stating the federal sufficiency-of-evidence standard). The state court was permitted to consult the entire out-of-state conviction record to determine whether Parratt was convicted of robbery in California. People v. Myers, 5 Cal.4th 1193, 1195 , 22 Cal. Rptr.2d 911 , 858 P.2d 301 (1993). The California statute and case law allowing the court to examine the entire…

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