Daniel Ryel v. Gary Kilmer
Daniel Ryel v. Gary Kilmer
Opinion of the Court
MEMORANDUM
Although the state appeals court and state post-conviction court may have differed in their interpretation of the state trial court’s evidentiary rulings, neither AEDPA nor any precedent interpreting that statute authorizes us to avoid the deference owed to the last-reasoned state court decision on that ground, and we decline to do so here. Moreover, the state court was not obliged to explain the reasons for its rejection of Ryel’s ineffective assistance claim, and therefore we do not review de novo the question whether any error on the part of trial counsel prejudiced Ryel. See Harrington v. Richter, — U.S. -, 131 S.Ct. 770, 784-85, 178 L.Ed.2d 624 (2011).
Under the AEDPA standard, see 28 U.S.C. § 2254(d), the state court’s determination that Ryel’s counsel made “compelling arguments” for the admission of the excluded evidence and therefore did not perform deficiently under the first prong of Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), was not objectively unreasonable. Nor would it have been objectively unrea
AFFIRMED.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Concurring Opinion
concurring in the result:
I concur in the result.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.