Bishop

MEMORANDUM **

A jury convicted former Contra Costa County Commissioner Gayle Bishop of misusing county-funded office space, office equipment, and employees to aid her reelection efforts and to conduct work related to her personal law practice, and also of committing perjury during her testimony before a grand jury investigating her actions. The California Court of Appeal affirmed Bishop’s conviction on five counts of misappropriating public money, Cal. Penal Code § 424 , and two counts of perjury, id. § 118. Because this case arises in habeas, relief could be granted only if the California courts’ decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254 (d)(1). Applying this standard, the federal district court denied habeas relief. We affirm except with respect to one perjury count.

I.

Bishop alleges that the state trial judge committed constitutional error by failing to *727 instruct the jury, as requested by the defense, that reimbursement is a defense to misappropriation charges. Bishop maintains she was entitled to such an instruction because James Sepulveda, a lawyer from…