Houser v. McDaniel
Houser v. McDaniel
Opinion of the Court
MEMORANDUM
Petitioner Kevin Houser (“Houser”) appeals the denial of his § 2254 habeas petition, contending that his guilty plea was not knowing, intelligent, or voluntary in light of the totality of the circumstances, contrary to Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and Brady v. United States, 397 U.S. 742, 90 S.Ct. 1463, 25 L.Ed.2d 747 (1970). Houser points to many factors that he argues collectively contributed to the involuntariness of his plea, such as his age, mental capacity, limited time to review the plea agreement, fear of the death penalty, and failure of the state court judge to specifically inquire about his waiver of his rights.
Moreover, even if we might reach a different conclusion if we were reviewing this issue de novo in a direct appeal, we are constrained by AEDPA’s standard of review. The Nevada Supreme Court’s decision was not contrary to or an unreasonable application of Supreme Court precedent. See Williams v. Taylor, 529 U.S. 362, 384-90, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000); see also Brown v. Payton, — U.S. -,---, 125 S.Ct. 1432, 1439-40, 161 L.Ed.2d 334 (2005) (“Even on the assumption that [the state court’s] conclusion was incorrect, it was not unreasonable, and is therefore just the type of decision that AEDPA shields on habeas review.”).
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.
. We note that this circuit has previously rejected the notion that Boykin requires articulation by the state court judge of the rights
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