Anderson

Anderson v. Knowles

Good Law
234 F. App'x 740
United States Court of Appeals for the Ninth CircuitJune 29, 2007No. 06-15912California392 words

Opinion

Lead Opinion

MEMORANDUM **

Petitioner David Anderson appeals the district court’s denial of his petition for writ of habeas corpus. In California state court, a jury convicted Anderson of four counts of aggravated sexual assault and three counts of lewd touching of a minor. Following unsuccessful appeals in state court, Anderson filed a petition for writ of habeas corpus in federal district court. 28 U.S.C. § 2254 . The district court denied the petition. On appeal, Anderson contends the state court’s admission of propensity evidence during trial violated Anderson’s due process rights. We have jurisdiction pursuant to 28 U.S.C. § 2253 , and we affirm. Because the facts are known to the parties, we revisit them only as necessary.

We may grant Anderson habeas relief only if the last reasoned state court decision was contrary to or involved an unreasonable application of clearly established federal law. 28 U.S.C. § 2254 (d)(1). It was neither. First, there is no clearly established federal law prohibiting admission of propensity evidence in all situations; indeed, the Supreme Court has expressly left open the question “whether a state law would violate the Due Process Clause if it permitted the…

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