Evans

MEMORANDUM *

The California Court of Appeal’s determination that there had been no prosecutorial misconduct, and that Petitioner Tony Ray Evans’ right to a fair trial had not been violated was not contrary to or an unreasonable application of any holding of the United States Supreme Court. See 28 U.S.C. § 2254 (d); Lockyer v. Andrade, 538 U.S. 63, 71 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003). The case that Evans relies on, Frazier v. Cupp, held that there was no prosecutorial misconduct despite the fact that the evidence in that case did not support the prosecutor’s opening statement. 394 U.S. 731, 737 , 89 S.Ct. 1420 , 22 L.Ed.2d 684 (1969). Therefore, Frazier's holding does not help Evans. As in Frazier, Evans concedes that the prosecutor in this case reasonably believed that the witnesses would testify if granted immunity. See id. at 736-37 , 89 S.Ct. 1420 .

The California Court of Appeal’s determination that there was no deprivation of the right of confrontation was also not contrary to or an unreasonable application of Supreme Court precedent. Evans points to Douglas v. Alabama, 380 U.S. 415 , 85 S.Ct. 1074 , 13 L.Ed.2d 934 (1965), and Bruton v. United States, 391 U.S. 123…