United States Ninth Circuit

The district court's denial of a petition for habeas corpus is affirmed, where holdings of the California Court of Appeal were neither contrary to, nor involved an unreasonable application of, clearly established federal law, in that: 1) the prisoner's jury trial waiver was express and intelligent; 2) there is no clearly established U.S. Supreme Court law that holds that the Constitution guarantees a right to a jury trial after a valid waiver of that right; and 3) the prisoner's sentence of 26 years to life did not constitute cruel and unusual punishment under the Eighth Amendment.

Appellate Information

• Decided 05/04/2012
• Published 05/04/2012

Judges

• M. Smith

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Eric Weaver, David Andrew Eldridge