Van

MEMORANDUM **

Walter J. Van, Jr. appeals the district court’s denial of his federal habeas petition challenging his jury conviction for first-degree burglary, armed robbery, kidnapping, and aggravated assault. Because the facts are known to the parties, we do not recount them here. We review de novo the district court’s denial of Van’s federal habeas petition, Lockhart v. Terhune, 250 F.3d 1223, 1228 (9th Cir.2001), and we affirm.

The only issue certified on appeal is whether the voice identification testimony admitted at trial was unduly suggestive and unreliable. Van did not present this issue in his opening brief. Nevertheless, we exercise our discretion to consider the issue on the merits because Van properly exhausted this claim in state and federal court, the State fully addressed the issue in its response brief, Van argued the issue in his reply brief, and the State will not suffer any prejudice. See Koerner v. Grigas, 328 F.3d 1039, 1048-49 (9th Cir.2003) (citations omitted).

Van has failed to establish that the Arizona Court of Appeals decision finding that the voice identification was neither unduly suggestive nor unreliable “was contrary to, or involved an…