Hagenno

Hagenno v. Yarborough

Good Law
253 F. App'x 702
United States Court of Appeals for the Ninth CircuitNovember 7, 2007No. 05-56758California1,030 words

Opinion

Lead Opinion

MEMORANDUM *

We review the district court’s decision to deny Bret Alan Hagenno’s 28 U.S.C. *704 § 2254 habeas petition de novo. See Leavitt v. Arave, 383 F.3d 809, 815 (9th Cir.2004) (per curiam). Because Hagenno filed his petition after April 24, 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA) applies. See Lindh v. Murphy, 521 U.S. 320, 327 , 117 S.Ct. 2059 , 138 L.Ed.2d 481 (1997). Under AEDPA, a federal court is permitted to grant habeas relief only if the state court adjudication “(1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254 (d). “The question under AEDPA is not whether a federal court believes the state court’s determination was incorrect but whether that determination was unreasonable — a substantially higher threshold.” Schriro v. Landrigan, —U.S.-, 127 S.Ct. 1933, 1939 , 167 L.Ed.2d 836 (2007) (citing Williams v. Taylor, 529 U.S. 362, 410 , 120…

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