Harper

MEMORANDUM **

Shadeven Jason Harper appeals the district court’s denial of his petition for writ of habeas corpus. Harper claimed the denial of his motion for continuance during his state trial prevented him from securing testimony from a crucial witness, in violation of his Fourteenth Amendment right to *774 due process and his Sixth Amendment right to present a defense. We have jurisdiction pursuant to 28 U.S.C. § 2258 (a). We hold that the state trial judge’s decision to deny the requested continuance was not contrary to or an unreasonable application of clearly established federal law, 28 U.S.C. § 2254 (d), and therefore AFFIRM. Because the facts are known to the parties, we revisit them only as necessary.

Harper’s trial counsel waited until the ninth day of trial, in what was supposed to be a five-day trial, to move for the continuance, but was unable to provide the court with a specific amount of time needed to obtain the witness’s testimony. Moreover, trial counsel had not exhibited diligence in obtaining the witness’s testimony during trial; even if the witness could not come to court, no reason was given why a deposition could not be taken. See CahPenal Code § 1345.…