Armando Ybarra v. M. Stainer

Because I would reverse the district court with instructions to grant the petition, I respectfully dissent.

I would not accord AEDPA deference to the state court decision. The state court did not analyze the plea agreement pursu*715ant to state contract law, as required under clearly established federal law. Buckley v. Terhune, 441 F.3d 688, 695 (9th Cir.2006) (en banc). I therefore would review the petition de novo. .

California contract law provides three steps for construing a plea agreement. First, we look to the plain meaning of the language in the agreement. Id. (citing Cal. Civ.Code §§ 1638,…