Penn v. Roe
Penn v. Roe
Opinion of the Court
MEMORANDUM
We affirm the district court’s dismissal of Appellant Marlin Penn’s habeas corpus petition. Penn contends that his due process rights were violated when a California trial court ruled that he could be impeached with details of his prior convictions if he took the stand to testify in his own defense.
We have jurisdiction under 28 U.S.C. § 2253. Our review of the district court’s decision is de novo. Benn v. Lambert, 283 F.3d 1040, 1051 (9th Cir. 2002). Our resolution turns on whether the refusal of the California courts to set aside Penn’s conviction “resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court” or “was based on an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254(d); see also Early v. Packer, — U.S.-, 123 S.Ct. 362,154 L.Ed.2d 263 (2002).
Penn’s first argument, that the state trial court’s impeachment ruling violated the terms of the stipulation, is defeated by the ample evidence suggesting the impeachment question was beyond the scope of the parties’ agreement. The impeachment ruling was based on a reasonable determination of the facts and Penn identifies no legal error. The state trial court’s ruling cannot justify relief under 28 U.S.C. § 2254.
This 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
- Marlin Ashley PENN, Petitioner—Appellant v. Ernest ROE (Warden CSP/LAC) California State Attorney General, Respondents—Appellees
- Cited By
- 1 case
- Status
- Published