Carlos Amezcua v. Joe Lizarraga

U.S. Court of Appeals for the Ninth Circuit

Carlos Amezcua v. Joe Lizarraga

Opinion

FILED NOT FOR PUBLICATION APR 16 2021 UNITED STATES COURT OF APPEALS MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

CARLOS AMEZCUA, No. 19-55910

Petitioner-Appellant, D.C. No. 3:18-cv-01317-GPC-MSB v.

JOE A. LIZARRAGA, Warden; XAVIER MEMORANDUM* BECERRA,

Respondents-Appellees.

Appeal from the United States District Court for the Southern District of California Gonzalo P. Curiel, District Judge, Presiding

Submitted April 14, 2021** Pasadena, California

Before: M. SMITH and IKUTA, Circuit Judges, and STEELE,*** District Judge.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). *** The Honorable John E. Steele, United States District Judge for the Middle District of Florida, sitting by designation. California prisoner Carlos Amezcua appeals the district court’s denial of his

habeas petition under 28 U.S.C. § 2254. We have jurisdiction pursuant to

§ 2253(a) and affirm.

Because “a state court’s interpretation of state law, including one announced

on direct appeal of the challenged conviction, binds a federal court sitting in habeas

corpus,” Bradshaw v. Richey, 546 U.S. 74, 76 (2005) (per curiam), we are bound

by the California Court of Appeal’s conclusion that Amezcua’s extrajudicial

statements to the police were admissible at trial under California’s corpus delicti

rule. Therefore, the California Court of Appeal’s rejection of Amezcua’s claim

that there was insufficient evidence to uphold his convictions for counts 7, 9 and

10 was not contrary to Jackson v. Virginia, 443 U.S. 307, 319 (1979).

AFFIRMED.

2

Reference

Status
Unpublished