Davis

Davis v. Garcia

Good Law
215 F. App'x 692
United States Court of Appeals for the Ninth CircuitDecember 28, 2006No. 04-56145California606 words

Opinion

Lead Opinion

MEMORANDUM **

Jim Dale Davis appeals the district court’s denial of his petition for a writ of habeas corpus, in which Davis asserted various constitutional errors during his state court trial for first-degree murder. We granted Davis a certificate of appealability on one issue: whether the trial court’s exclusion of exculpatory evidence of third-party guilt constituted reversible error.

We review de novo a district court’s order granting or denying a petition for a writ of habeas corpus. Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000). Because Davis filed his petition after April 24, 1996, the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) governs the scope of our review of the state court’s decision to exclude the evidence. Because that decision “was [not] *693 contrary to, [and did not] involve[] an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” we affirm. See 28 U.S.C. § 2254 (d)(1).

Due process requires that a defendant be provided “a fair opportunity to defend against the State’s accusations ... [and includes] the right to call witnesses in one’s own behalf.” Chambers v.…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.