Kim

Kim v. Adams

Good Law
281 F. App'x 759
United States Court of Appeals for the Ninth CircuitJune 9, 2008No. 05-56864California700 words

Opinion

Lead Opinion

MEMORANDUM *

David Min Kim appeals the district court’s denial of his habeas corpus petition challenging his state court conviction for second-degree murder. See 28 U.S.C. § 2254 . The district court dismissed the petition with prejudice. We have appellate jurisdiction pursuant to 28 U.S.C. § 1291 , *761 and we review de novo the legal questions underlying the district court’s denial of habeas corpus. See Rios v. Garcia, 390 F.3d 1082, 1084 (9th Cir.2004). Because the California Court of Appeal’s disposition of Kim’s claims did not “result[ ] in a decision that was contrary to, or involve[ ] an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” we now affirm. 28 U.S.C. § 2254 (d); see Lockyer v. Andrade, 538 U.S. 63, 71 , 123 S.Ct. 1166 , 155 L.Ed.2d 144 (2003).

The trial court did not deny Kim his constitutional due process rights as determined by the United States Supreme Court by admitting the expert testimony of Sgt. Yacoubian on gang-related behavior. Yacoubian’s testimony was probative of bias in that it tended to rehabilitate the credibility of the prosecution’s fact witnesses from their prior…

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