U.S. Court of Appeals for the Ninth Circuit, 2011

Marco Zabala v. Robert Horel

Marco Zabala v. Robert Horel
U.S. Court of Appeals for the Ninth Circuit · Decided January 24, 2011 · Beezer, Tallman, Callahan
411 F. App'x 123

Marco Zabala v. Robert Horel

Opinion

MEMORANDUM ***

California state prisoner Marco Santiago Zabala appeals from the district court’s denial of his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253, and we affirm.

*124 Zabala contends that the state court’s conclusion — that the erroneous admission of evidence at trial was harmless — was contrary to, and an unreasonable application of, clearly established Supreme Court law. However, Zabala has failed to demonstrate that the state court’s application of Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967), was objectively unreasonable. See Mitchell v. Esparza, 540 U.S. 12, 18, 124 S.Ct. 7, 157 L.Ed.2d 263 (2003) (per curiam). Further, in light of the other evidence of guilt admitted at trial, Zabala has failed to establish that the trial error had a substantial and injurious effect or influence in determining the jury’s verdict. See Brecht v. Abrahamson, 507 U.S. 619, 637, 113 S.Ct. 1710, 123 L.Ed.2d 353 (1993).

AFFIRMED.

***

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

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