Vick
Vick v. Ornoski
Opinion
Lead Opinion
MEMORANDUM *
We review de novo the district court’s decision to grant or deny a 28 U.S.C. § 2254 habeas petition. Jensen v. Pliler, 439 F.3d 1086, 1088 (9th Cir.2006). In conducting our review, we look to the last-reasoned state court decision. Davis v. Grigas, 443 F.3d 1155, 1158 (9th Cir.2006). A writ of habeas corpus may be granted only if the state court proceedings “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1); Davis, 443 F.3d at 1158 . A state court decision is “contrary to” established Supreme Court precedent if it either “applies a rule that contradicts the governing law set forth” by the Supreme Court or arrives at a different result in a case that is “materially indistinguishable from” a Supreme Court decision. Williams v. Taylor, 529 U.S. 362, 405 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). A state court decision is an “unreasonable application of’ Supreme Court precedent if the court “correctly identifies the governing legal principle but applies it unreasonably to the facts of a particular prisoner’s case.” Id.…