Brown

Brown v. Hill

Good Law
267 F. App'x 630
United States Court of Appeals for the Ninth CircuitFebruary 20, 2008No. 07-35198California463 words

Opinion

lead Opinion

MEMORANDUM *

Stacey Brown pleaded guilty to murder by abuse and was sentenced to life in prison with a 25-year minimum. Brown appeals the district court’s denial of his petition of a writ of habeas corpus under 28 U.S.C. § 2254 . To obtain habeas relief, Brown must demonstrate that the Oregon post-conviction trial court’s decision 1 was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). The only definitive source of clearly established federal law under 28 U.S.C. § 2254 (d) is Supreme Court precedent at the time of the state court’s decision. Williams v. Taylor, 529 U.S. 362, 412 , 120 S.Ct. 1495 , 146 L.Ed.2d 389 (2000). We have jurisdiction pursuant to 28 U.S.C. § 2253 . We affirm.

We disagree that the state court improperly applied the prejudice prong from Hill v. Lockhart, 474 U.S. 52, 59 , 106 S.Ct. 366 , 88 L.Ed.2d 203 (1985), such that our review should be de novo. See Cooper-Smith v. Palmateer, 397 F.3d 1236, 1243 (9th Cir.2005); see also Strickland v. Washington, 466 U.S. 668, 697 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984) (the court may reject a…

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