United States Ninth Circuit

In a prosecution for first degree murder and second degree robbery, a denial of petitioner's habeas petition is affirmed where clearly established Supreme Court precedent binding on the states did not require trial severance where a co-defendant presented a mutually antagonistic defense, because the cases upon which defendant relied for this argument did not bind the states, so the decision of the California Court of Appeal was not contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court.

Appellate Information

• Argued 01/13/2010
• Decided 05/05/2010
• Published 05/05/2010

Judges

• Before ALEX KOZINSKI, Chief Judge, PROCTER HUG, JR. and RICHARD R. CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Fay Arfa, Los Angeles, CA, for the appellant.


• For Appellees:
  
• David Andrew Eldridge and Justain Riley, Deputy Attorneys General, Sacramento, CA, for the appellees.