the California State Court of Appeal, which affirmed the trial court’s judgment on September 29, 1989. The California Supreme Court also denied Gray’s appeal on January 18, 1990. Having exhausted his state remedies, Gray filed a petition for writ of habeas corpus in federal district court. The petition was denied, and Gray timely appealed. Gray filed a petition for writ of habeas corpus on March 27,1995, which was prior to the effective date of the Anti-Terrorism and Effective Death Penalty Act (AED-PA), 28 U.S.C. § 2253 (2003). Pre-AEDPA standards of review govern our consideration of habeas corpus petitions filed prior to AEDPA’s effective date. Mayfield v. Woodford, 270 F.3d 915, 921-22 (9th Cir.2001); see Lindh v. Murphy, 521 U.S. 320, 326-27, 117 S.Ct. 2059, 138 L.Ed.2d 481 (1997) (<HOLDING>); Jeffries v. Wood, 114 F.3d 1484,1494 (9th
holding generally that new rules of law should not be applied retroactively in habeas corpus cases recognizing that aedpa would not apply to a habeas petition that was pending at the time of its enactment holding that in general aedpa applies only to habeas petitions filed after the statutes effective date of april 24 1996 and noting that aedpas special procedures for 28 usc  2254 petitions in capital cases apply also to petitions pending on april 24 1996 holding the batson rule was not to be applied retroactively to a state conviction on federal habeas review holding that aedpa is not applied retroactively to pending habeas petitions