Howerton v. Carter
Howerton v. Carter
Opinion of the Court
MEMORANDUM
To warrant habeas relief, Howerton must show that 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).
Howerton also argues that prosecutorial misconduct deprived him of a fair trial. The state court decision is not contrary to or an unreasonable application of Darden v. Wainwright, 477 U.S. 168, 106 S.Ct. 2464, 91 L.Ed.2d 144 (1986), because the statements did not “ ‘infect[ ] the trial.’ ” Id. at 181, 106 S.Ct. 2464 (quoting Donnelly v. DeChristoforo, 416 U.S. 637, 643, 94 S.Ct. 1868, 40 L.Ed.2d 431 (1974)). The trial judge specifically instructed the jury not to rely upon the lawyers’ arguments when weighing the evidence and determining credibility. See Greer v. Miller, 483 U.S. 756, 766 n. 8, 107 S.Ct. 3102, 97 L.Ed.2d 618 (1987).
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.