United States Ninth Circuit

In an amended opinion, petition for review of a denial of habeas corpus is denied where the state appellate court's disposition of petitioner's appeal was not contrary to or an unreasonable application of apposite Supreme Court precedent, and where the state appellate court identified constitutional error, the identified error did not have a substantial and injurious effect or influence in determining the jury's verdict.

Appellate Information

• Argued 02/04/2008
• Decided 01/30/2009
• Published 01/30/2009

Judges

• Before:  RAYMOND C. FISHER, RONALD M. GOULD, and SANDRA S. IKUTA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• John Henry Browne, Seattle, WA, for the petitioner-appellant.


• For Appellees:
  
• Alex A. Kostin, Assistant Attorney General, Olympia, WA, for the respondent-appellee.