Opinion
Argued and Submitted April 4, 2006.
NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)
Martin N. Buchanan, Esq., Law Office of Martin N. Buchanan, San Diego, CA, for Petitioner-Appellee.
Bruce Ortega, San Francisco, CA, for Respondent-Appellant.
Appeal from the United States District Court for the Northern District of California, William H. Alsup, District Judge, Presiding. D.C. No. CV-01-03487-WHA.
Before: NOONAN, SILER, and BYBEE, Circuit Judges.
The Honorable Eugene E. Siler, Jr., Senior United States Circuit Judge for the Sixth Circuit, sitting by designation.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
The district court's review de novo of the decision of the California Court of
Page 760.
Appeal was in error: that court, however imperfectly, conducted cumulative error review of the trial. In the light of the district court's familiarity with the case, we remand for the district court to determine whether the decision of the state court was an objectively unreasonable application of Chambers v. Mississippi, 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297 (1973), Taylor v. Kentucky, 436 U.S. 478, 98 S.Ct. 1930, 56 L.Ed.2d 468 (1978), or other relevant Supreme Court precedent.
VACATED and REMANDED.