U.S. Court of Appeals for the Ninth Circuit, 2014

Kendal Clark v. Daniel Paramo

Kendal Clark v. Daniel Paramo
U.S. Court of Appeals for the Ninth Circuit · Decided July 29, 2014 · Goodwin, Canby, Callahan
583 F. App'x 845

Kendal Clark v. Daniel Paramo

Opinion

MEMORANDUM **

California state prisoner Kendal M. Clark appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas corpus petition. We have jurisdiction under 28 U.S.C. § 2253. We review a district court’s denial of a habeas corpus petition de novo, see Stanley v. Cullen, 633 F.3d 852, 859 (9th Cir. 2011), and we affirm.

Clark contends that his due process rights were violated by the prosecutor’s use of a PowerPoint slide presentation that *846 misrepresented the applicable burden of proof. The state court’s rejection of this claim was neither contrary to, nor based upon an unreasonable application of, Supreme Court precedent. See 28 U.S.C. § 2254(d)(1); Williams v. Taylor, 529 U.S. 362, 409, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000) (to support federal habeas relief, state court’s application of clearly established federal law must have been “objectively unreasonable”); Darden v. Wainwright, 477 U.S. 168, 181, 106 S.Ct. 2464, 91 L.Ed.2d 144 (1986) (in prosecutorial misconduct context, the relevant question is whether “the prosecutor[’s] comments so infected the trial with unfairness as to make.the resulting conviction a denial of due process” (internal quotations omitted)).

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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