Brown v. Garcia
Brown v. Garcia
Opinion of the Court
MEMORANDUM
State prisoner Mendes Stanley Brown (“Brown”) appeals the denial of his 28 U.S.C. § 2254(d)(1) habeas petition.
A state court decision is contrary to clearly established federal law only “if the state court applies a rule that contradicts the governing law set forth in [Supreme Court] cases” or “if the state court confronts a set of facts that are materially indistinguishable from a decision of [the
On Brown’s due process claim, the state appellate court held that, even assuming that the duties of a grand jury foreperson under California law differ from those of the federal counterpart, Brown had failed to show that he suffered actual prejudice from the manner in which the foreperson was selected. Brown, 89 Cal.Rptr.2d at 599-600. This decision also was not an “unreasonable application” of or contrary to clearly established federal law, as set forth in Hobby v. United States, 468 U.S. 339, 345, 104 S.Ct. 3093, 82 L.Ed.2d 260 (1984).
Accordingly, the judgment of the district court denying Brown’s petition for habeas corpus is
AFFIRMED.
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.
. Because the parties are familiar with the facts, we do not recite them here except as necessary to aid in understanding this disposition.
Reference
- Full Case Name
- Mendes Stanley BROWN v. Silvia GARCIA, Warden California Department of Corrections
- Cited By
- 1 case
- Status
- Published