The following excerpt is from Belardo v. Holland, No. 2:16-cv-0985 AC P (E.D. Cal. 2017):
Federal habeas relief is not available for errors of state law. See Estelle v. McGuire, 502 U.S. 62, 67-68 (1991) ("[I]t is not the province of a federal habeas court to reexamine state-court determinations on state-law questions.")
The United States Constitution "makes no mention of new trials." Herrera v. Collins, 506 U.S. 390, 408 (1993). Accordingly, denial of a defendant's motion for new trial based on newly discovered evidence cannot violate due process unless "it offends some principle of justice so rooted in the traditions and conscience of our people as to be ranked as fundamental." Id. at 407-08.
C. The State Court's Ruling
The court of appeal rejected petitioner's claim as follows:
Page 36
Belardo, 2013 WL 5845121, *14-15.
D. Objective Reasonableness Under 2254(d)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.