Holmes
Holmes v. Helling
Opinion
Lead Opinion
MEMORANDUM **
Kevin Holmes, a Nevada state prisoner, appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction for murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm in part and reverse in part.
We review de novo the district court’s denial of a habeas corpus petition pursuant to the Anti-Terrorism and Effective Death Penalty Act of 1996 (“AEDPA”). Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). Under AEDPA, a habeas petition may be granted only if the state court’s decision was either contrary to, or an unreasonable application of, clearly established federal law, as determined by the United States Supreme Court, or was based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding. Schroeder v. Tilton, 493 F.3d 1083, 1086 (9th Cir. 2007); 28 U.S.C. § 2254 (d)(1). We look to the last reasoned state-court decision to determine whether that decision was contrary to, or unreasonably applied, clearly established federal law. Ylst v. Nunnemaker, 501 U.S. 797, 803 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991).