Delira

MEMORANDUM **

Richard Zapien Delira appeals the district court’s denial of his petition for writ of habeas corpus under 28 U.S.C. § 2254 , claiming his due process right to a fair trial was violated by the admission of past acts of domestic violence under California Evidence Code section 1109. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

Delira argues that California Evidence Code section 1109, which allows the admission of “evidence of the defendant’s commission of other domestic violence” in criminal actions where “the defendant is accused of an offense involving domestic violence,” violates the Due Process Clause of the United States Constitution. Cal. Evid.Code § 1109. Under 28 U.S.C. § 2254 (d), habeas relief is available only if the state court decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” See Williams v. Taylor, 529 U.S. 362, 367 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000).

The California Court of Appeal concluded that the trial court did not abuse its discretion when it admitted other acts of domestic violence against Delira. The admission…