Harris

Harris v. Henry

Good Law
228 F. App'x 710
United States Court of Appeals for the Ninth CircuitApril 18, 2007No. 05-56790California920 words

Opinion

Lead Opinion

MEMORANDUM *

The facts and procedural posture of the case are known to the parties, and we do not repeat them here. Petitioner was convicted of conspiracy to commit murder as to Kevin James (“KJames”) and the murder of K. James, and conspiracy to commit murder as to George Taylor (“Taylor”) and the murder of Taylor, in violation of California Penal Code §§ 182, 187. In her habeas petition, Petitioner challenges the California courts’ findings that the admission of Taylor’s hearsay statements did not violate her right to confrontation and that the trial court’s denial of her motion for a continuance did not violate her right to due process.

Because Petitioner’s claims are governed by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”), habeas relief may be granted only upon a finding that the last reasoned state court decision rejecting Petitioner’s claims “was contrary to, or involved an unreasonable application of, clearly established federal law, as determined by the Supreme Court of the United States; or resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented to it in the state court proceeding.”…

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