Hatton

I. FACTUAL BACKGROUND1

22 On March 10, 2001, Rosea Barajas held a party at a convention hall in National City to celebrate the baptism of her son. (Lodgment 6 at 2). Sandy Barajas, sister of Rosea Barajas and wife of Petitioner, is the child’s 24 godmother. Id. “[Petitioner] attended the party but there was conflicting evidence about whether he was expected there. Arturo, also known as Pedro 26 1 The Court quotes the facts from its September 10, 2013, Order (ECF No. 47), which recited the undisputed factual findings of the California Court of Appeal. See 28 U.S.C. § 2254(e)(1) (a presumption 28 Rivera, and his brother, Adan Rivera, were told [that Petitioner] would not attend the party.” Id. at 2-3 (alterations omitted). “[T]here were ill feelings 2 between Adan and [Petitioner] due to a fight between the two about a year earlier.” Id. at 2.

4 Shortly after the Rivera brothers arrived at the party, “a fight erupted inside the hall” involving Petitioner, the Rivera brothers and others. Id. The evidence conflicted as to whether Petitioner or Adan initiated the fight, but the fight 6 was eventually broken up by…