Reyes

Reyes v. Duncan

Good Law
256 F. App'x 909
United States Court of Appeals for the Ninth CircuitNovember 15, 2007No. 06-16824California775 words

Opinion

Lead Opinion

MEMORANDUM *

Randy Reynaldo Reyes, a California state prisoner, appeals the district court’s *910 denial of his 28 U.S.C. § 2254 petition for a writ of habeas corpus. Mr. Reyes contends his due process right and Sixth Amendment right to present a defense were violated by the exclusion at trial of hearsay statements made by Mr. Reyes’ co-defendant, Juan Ruiz.

We have jurisdiction to hear Mr. Reyes’ appeal pursuant to 28 U.S.C. § 2258 , and we affirm the district court’s denial of Mr. Reyes’ petition.

We review the district court’s denial of Mr. Reyes’ habeas corpus petition de novo. Tanner v. McDaniel, 493 F.3d 1135, 1139 (9th Cir.2007). A habeas petition shall not be granted with respect to any claim that was adjudicated on the merits in state court unless “the adjudication of the claim (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) (2006) (effective April 24,…

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