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Name: Shaw v. Terhune
Case #: 02-16829
Court: US Court of Appeals
District 9 Cir
Opinion Date: 12/22/2003
Subsequent History: Opn. withdrawn 12/22/03; reissued 8/10/04: 380 F.3d 473

A California state court decision upholding factually inconsistent prosecutions leading to the conviction of two defendants for one criminal act is not contrary to or an unreasonable application of clearly established federal law as determined by the United States Supreme Court; thus, federal habeas relief is unavailable. Here, both defendant and an accomplice were convicted in separate proceedings of robbery with personally use of a firearm, even though the evidence in each case established that only one participant in the robbery personally used a firearm. While describing the actions of the prosecution in seeking these two convictions a “something between stunningly dishonorable and outright deplorable,” the court found that 28 U.S.C. §2254(d)(1) barred relief under the circumstances.