Boling v. Stewart
Boling v. Stewart
Opinion of the Court
MEMORANDUM
Jerry D. Boling appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition. Boling challenges his Arizona conviction and 60-year sentence for six counts of attempted child molestation. We have jurisdiction pursuant to 28 U.S.C. § 2253. Reviewing de novo, Fisher v. Roe, 263 F.3d 906, 912 (9th Cir. 2001), abrogated on other grounds by Mancuso v. Olivarez, 292 F.3d 939, 949 n. 4 (9th Cir. 2002), we affirm.
We may grant relief only if the state court’s decision “was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court.” 28 U.S.C. § 2254(d)(1); Garvin v. Farmon, 258 F.3d 951, 954-55 (9th Cir. 2001), cert. denied, 535 U.S. 990, 122 S.Ct. 1546, 152 L.Ed.2d 471 (2002). Because the state court denied Boling’s claim without comment, we must independently review the record to determine if the state court’s application of clearly established federal law was clearly erroneous. Fisher, 263 F.3d at 914.
Boling contends that his rights under Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) were violated because the prosecutor failed to disclose evidence that prior to trial the victim recanted to a witness for the state. We are unpersuaded.
Accordingly, the district court properly denied Boling’s § 2254 petition because the state court’s decision was not contrary to, or an unreasonable application of, clearly established federal law. See Garvin, 258 F.3d at 958.
AFFIRMED.
jjjjg disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Reference
- Full Case Name
- Jerry D. BOLING v. Terry STEWART, Director of the Arizona Department of Corrections Janet Napolitano, Attorney General of the State of Arizona
- Status
- Published