Evans

Evans v. Schriro

Good Law
240 F. App'x 204
United States Court of Appeals for the Ninth CircuitJuly 13, 2007No. 05-15840California290 words

Opinion

Lead Opinion

MEMORANDUM ***

Arizona state prisoner Wayne Evans appeals pro se from the district court’s judgment denying his habeas petition under 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review de novo, Turney v. Pugh, 400 F.3d 1197, 1199 (9th Cir.2005), and we affirm.

*206 Evans contends that the approximately 27-month delay between his indictment and the beginning of his trial violated his Sixth Amendment right to a speedy trial. The Arizona Court of Appeals identified and balanced the four factors set forth in Barker v. Wingo, 407 U.S. 514, 530 , 92 S.Ct. 2182 , 33 L.Ed.2d 101 (1972), and determined that there was no violation of Evans’s speedy-trial right. After reviewing the record, we cannot say that this conclusion was an unreasonable application of federal law. See 28 U.S.C. § 2254 (d)(1).

Furthermore, Rule 8 of the Arizona Rules of Criminal Procedure affords Evans no relief in these federal habeas corpus proceedings. See Lewis v. Jeffers, 497 U.S. 764, 780 , 110 S.Ct. 3092 , 111 L.Ed.2d 606 (1990) (“[Federal habeas corpus relief does not lie for errors of state law.”). Nor does the federal Speedy Trial Act, because Evans was not charged with…

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