Pham

Pham v. Hickman

Good Law
262 F. App'x 35
United States Court of Appeals for the Ninth CircuitDecember 27, 2007No. 06-17172California2,319 words

Opinion

Lead Opinion

MEMORANDUM **

Ky Minh Pham appeals the district court’s order denying his 28 U.S.C. § 2254 habeas corpus petition. Pham was convicted of robbery, robbery in concert, attempted robbery, dissuading a witness, and false imprisonment. Pham was granted a certificate of appealability on four issues: (1) whether the trial court violated his constitutional rights by admitting a non-testifying co-defendant’s incriminating extra-judicial statement; (2) whether the trial court violated his constitutional rights by instructing the jury to view accomplice testimony with distrust; (3) whether he was deprived of effective assistance of counsel; and (4) whether the cumulative effect of these errors denied him a fair trial. We affirm.

*37 Because Pham’s habeas petition was filed after April 24, 1996, this action is governed by the Anti-Terrorism and Effective Death Penalty Act (“AEDPA”). Under AEDPA, the state court’s findings of fact are presumed correct because Pham did not rebut them by clear and convincing evidence. 28 U.S.C. § 2254 (e)(1). We review de novo the district court’s denial of Pham’s petition. Mendez v. Small, 298 F.3d 1154, 1157 (9th Cir.2002). We do not grant a writ of habeas…

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