Kethon Laveron Triggs v. LEE ANN CHRONES, Acting Warden

The Honorable David Ezra, United States District Court for the*
District of Hawaii, sitting by designation.
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
KETHON LAVERON TRIGGS,
Petitioner - Appellant,
v.
LEE ANN CHRONES, Acting Warden,
Respondent - Appellee,
and
A. A. LAMARQUE,
Respondent.
No. 08-15151
D.C. No. CV-00-04201-CW
Northern District of California,
Oakland
ORDER
Before: THOMAS and PAEZ, Circuit Judges, and EZRA, District Judge.*
The memorandum disposition filed on September 15, 2009 is AMENDED as
follows:
On Page 7, delete the sentence reading: “Because the California Court of
Appeal addressed the merits of this claim, we review under the deferential AEDPA
standard.” Replace the deleted sentence with the following sentence: “In
reviewing these claims, we need not decide whether Triggs properly presented
FILED
NOV 30 2009
MOLLY C. DWYER, CLERK
U .S. C OU R T OF APPE ALS

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them to the California Court of Appeal because, whether we apply AEDPA’s
deferential standard of review or review de novo, we reach the same result.”
With this amendment, Appellant’s Petition for Rehearing is DENIED. No
further petitions shall be entertained.

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