Ryan

Smith v. Ryan

Good Law
220 F. App'x 563
United States Court of Appeals for the Ninth CircuitFebruary 5, 2007No. 05-16072California1,548 words

Opinion

Lead Opinion

*564 MEMORANDUM **

Vassar Smith (“Smith”) appeals the district court’s denial of his 28 U.S.C. § 2254 petition for habeas corpus. We have jurisdiction pursuant to 28 U.S.C. §§ 1291 and 2253, and we affirm.

We “review de novo a district court’s order to grant or deny a petition for writ of habeas corpus.” Lopez v. Thompson, 202 F.3d 1110, 1116 (9th Cir.2000). Because the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) applies to Smith’s petition, we may grant relief only if “the adjudication of the claim ... 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). A state court decision is “contrary to” that law if it “applies a rule that contradicts the governing law set forth in [Supreme Court] cases.” Lockyer v. Andrade, 538 U.S. 63, 73 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). A decision is an “unreasonable application” of that law “if the state court identifies the correct governing legal principle ... but unreasonably applies that principle to the facts of the prisoner’s case.” Id. at 75 , 123 S.Ct. 1166…

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