Zapien v. Martel, No. 09-99023 (Kozinski with Rawlinson and Murguia) --- Reviewing all of the prisoner's claims on the merits against AEDPA's limitation on relief, the Ninth Circuit affirmed the denial of a § 2254 habeas petition filed by a California state prisoner. The claims include (1) a claim regarding the potential destruction of evidence; (2) a claimed Confrontation Clause violation; (3) numerous allegations of ineffective assistance at the guilt and penalty phases; and (4) a claim that a juror was exposed to extrajudicial information. The panel held that all of these claims failed either because the prisoner couldn't point to clearly established federal law to support his arguments or (with respect to the latter two groups of claims) because the state court's rejection of the claims was within the tolerance established by the "doubly deferential" review of Harrington v. Richter, 131 S. Ct. 770 (2011).
The decision is here: