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No. 8647564
United States Court of Appeals for the Ninth Circuit
Reyes v. McGrath
No. 8647564 · Decided February 12, 2008
No. 8647564·Ninth Circuit · 2008·
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Case Details
Court
United States Court of Appeals for the Ninth Circuit
Decided
February 12, 2008
Citation
No. 8647564
Disposition
See opinion text.
Full Opinion
MEMORANDUM ** The state court wasn’t unreasonable, 28 U.S.C. § 2254 (d)(2), in holding that petitioner wasn’t prejudiced by wearing the stun belt, see Gonzalez v. Pliler, 341 F.3d 897, 903 (9th Cir.2003), because “the other evidence of [petitioner’s] guilt at trial is so overwhelming that it renders the constitutional error harmless,” Hughes v. Borg, 898 F.2d 695, 702 (9th Cir.1990). And petitioner isn’t entitled to an evidentiary hearing in federal court, as there is no indication in the record that he has sought “an evidentiary hearing in state court.” Bragg v. Galaza, 242 F.3d 1082, 1090 (9th Cir.2001) (quoting Williams v. Taylor, 529 U.S. 420, 435 , 120 S.Ct. 1479 , 146 L.Ed.2d 435 (2000)). AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.
Plain English Summary
MEMORANDUM ** The state court wasn’t unreasonable, 28 U.S.C.
Key Points
01MEMORANDUM ** The state court wasn’t unreasonable, 28 U.S.C.
02§ 2254 (d)(2), in holding that petitioner wasn’t prejudiced by wearing the stun belt, see Gonzalez v.
03Pliler, 341 F.3d 897, 903 (9th Cir.2003), because “the other evidence of [petitioner’s] guilt at trial is so overwhelming that it renders the constitutional error harmless,” Hughes v.
04And petitioner isn’t entitled to an evidentiary hearing in federal court, as there is no indication in the record that he has sought “an evidentiary hearing in state court.” Bragg v.
Frequently Asked Questions
MEMORANDUM ** The state court wasn’t unreasonable, 28 U.S.C.
FlawCheck shows no negative treatment for Reyes v. McGrath in the current circuit citation data.
This case was decided on February 12, 2008.
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