context: Petitioner raised grounds one and two of the Petition on direct appeal, and the court of appeal rejected them on the merits. (Lodged Docs. K, B.) Subsequently, the California Supreme Court denied Petitioner's petition for review without comment or citation to authority. (Lodged Doc. D.) The Court therefore "looks through" the state supreme court's silent denial to the last reasoned decision, the court of appeal decision on direct review, as the basis for the state court's judgment as to ground one.
citation_a.signal: see also
citation_a.parenthetical: when state supreme court denies discretionary review of decision on direct appeal, that decision is relevant state-court decision for pui'poses of AEDPA's standard of review
citation_a.sentence: See Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991) (holding that California Supreme Court, by silently denying petition for review, presumably did not intend to change court of appeal’s analysis); see also Berghuis v. Thompkins, 560 U.S. 370, 380, 130 S.Ct. 2250, 176 L.Ed.2d 1098 (2010) (when state supreme court denies discretionary review of decision on direct appeal, that decision is relevant state-court decision for pui'poses of AEDPA’s standard of review).
citation_b.signal: see
citation_b.identifier: 501 U.S. 797, 803-04
citation_b.parenthetical: holding that California Supreme Court, by silently denying petition for review, presumably did not intend to change court of appeal's analysis
citation_b.sentence: See Ylst v. Nunnemaker, 501 U.S. 797, 803-04, 111 S.Ct. 2590, 115 L.Ed.2d 706 (1991) (holding that California Supreme Court, by silently denying petition for review, presumably did not intend to change court of appeal’s analysis); see also Berghuis v. Thompkins, 560 U.S. 370, 380, 130 S.Ct. 2250, 176 L.Ed.2d 1098 (2010) (when state supreme court denies discretionary review of decision on direct appeal, that decision is relevant state-court decision for pui'poses of AEDPA’s standard of review).