Lopez

Lopez v. Del Papa

Good Law
290 F. App'x 41
United States Court of Appeals for the Ninth CircuitAugust 6, 2008No. 06-17282California1,274 words

Opinion

Lead Opinion

MEMORANDUM *

Petitioner Jerry Lopez appeals the district court’s denial of his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . We affirm the district court’s denial of the petition.

The district court denied Lopez’s amended petition in its entirety and issued a certificate of appealability on the second ground for relief, concerning whether Lopez’s trial should have been severed from that of his co-defendant, Kevin Lisle. The severance issue is the only one before this court on appeal.

1. “An application for a writ of habeas corpus ... shall not be granted with respect to any claim that was adjudicated on the merits in State court proceedings unless the adjudication of the claim (1) resulted in a decision that 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). “Stated simply, a federal habeas court making the ‘unreasonable application’ inquiry should ask whether the state court’s application of clearly established federal law was objectively unreasonable.” Williams v. Taylor, 529 U.S. 362, 409 , 120 S.Ct. 1495 , 146 L.Ed.2d 389…

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