Saleh

MEMORANDUM *

Habib Saleh, the petitioner-appellant, appeals the denial of his habeas petition on several grounds. In a concurrently filed opinion, we affirm the denial of habeas relief. See Saleh v. Fleming, 512 F.3d 548 (9th Cir.2008).

The facts and prior proceedings are known to the parties and are repeated herein only as necessary.

I

Saleh argues that the evidence was insufficient to support his conviction. The Supreme Court has held “that in a challenge to a state criminal conviction brought under 28 U.S.C. § 2254 ... the applicant is entitled to habeas corpus relief if it is found that upon the record evidence adduced at the trial no rational trier of fact could have found proof of guilt beyond a reasonable doubt.” Jackson v. Virginia, 443 U.S. 307, 324 , 99 S.Ct. 2781 , 61 L.Ed.2d 560 (1979). This court must view the evidence in the light most favorable to the prosecution. Id. at 319 , 99 S.Ct. 2781 .

At trial, the evidence presented included the following: that Saleh had a history of “verbal and physical” confrontations with Edwards; that within an hour of the attack on Edwards, Saleh had attacked his son-in-law in similar fashion to Edwards’s attack; that a blood…