Garcia

DISCUSSION

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I. Standard of Review

14 This court may entertain a petition for a writ of habeas corpus “in behalf of a person 15 in custody pursuant to the judgment of a State court only on the ground that he is in 16 custody in violation of the Constitution or laws or treaties of the United States.” 28 U.S.C. 17 § 2254(a). 18 It shall “award the writ or issue an order directing the respondent to show cause 19 why the writ should not be granted, unless it appears from the application that the applicant 20 or person detained is not entitled thereto.” Id. § 2243. 21

II. Legal Claims

22 Petitioner raises the following grounds for federal habeas relief: (1) his rights under 23 the Confrontation Clause was violated when the trial court admitted both oral and written 24 testimonial statements from non-testifying co-defendant, Miguel Chaldez, (Docket No. 35- 25 6 at 1); (2) ineffective assistance of counsel for failure to investigate and other failings, (id. 26 at 84, 119); (3-I) prosecutorial misconduct based on misrepresentation and use of perjured 1 appellate counsel for failure to investigate, (id. at 223, 395-398); (4) juror misconduct due 2 to outside…