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D'Angelo v. Schriro

Citation: 338 F. App'x 583Docket: No. 07-17197

Court: Court of Appeals for the Ninth Circuit; June 18, 2009; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant challenged his conviction for attempted first-degree murder by filing a petition under 28 U.S.C. § 2254 for habeas corpus relief. The primary legal issue involved whether the Arizona Court of Appeals' affirmation of his conviction violated the standards set by the Anti-terrorism and Effective Death Penalty Act (AEDPA). The appeal focused on a purportedly defective jury instruction regarding premeditation. The appellant argued that this defect should have resulted in a reversal of his conviction. However, the Court determined that the defect was not fundamental since the defense was based solely on self-defense, without seeking consideration of lesser degrees of murder. The appellant's objection to lesser-included offense instructions further supported the court's decision. The Court of Appeals concluded that its ruling did not contravene or unreasonably apply established federal law under AEDPA. Consequently, the district court's denial of the habeas corpus petition was upheld, and the case was deemed not appropriate for publication, lacking precedential value under 9th Cir. R. 36-3.

Legal Issues Addressed

Anti-terrorism and Effective Death Penalty Act (AEDPA) Standards

Application: The Arizona Court of Appeals' affirmation of the conviction was upheld because it did not violate AEDPA standards, focusing on whether the state court's decision was contrary to federal law.

Reasoning: The appeal centers on whether the Arizona Court of Appeals’ decision to affirm his conviction violated the standards of the Anti-terrorism and Effective Death Penalty Act, specifically under § 2254(d).

Habeas Corpus under 28 U.S.C. § 2254

Application: The appellant's habeas corpus petition was denied because the state court's decision was not contrary to, nor an unreasonable application of, clearly established federal law.

Reasoning: The Court of Appeals found that its ruling was neither unreasonable nor in conflict with established federal law under § 2254(d)(1).

Jury Instruction on Premeditation

Application: The court determined that any defect in the premeditation instruction was not a fundamental error as the defense strategy was based solely on self-defense.

Reasoning: D’Angelo argues that a defective premeditation instruction warranted a reversal of his conviction. However, the Court of Appeals determined that any defect in the instruction was not a fundamental error, as D’Angelo’s defense relied solely on self-defense.

Lesser-Included Offense Instruction

Application: The appellant objected to instructions on lesser-included offenses, which influenced the appellate court's decision regarding the premeditation instruction.

Reasoning: Notably, D’Angelo objected to the inclusion of a lesser-included offense instruction.