The State, by contrast, argues that because the court’s summary denial of Pinholster’s claim was an adjudication on the merits, we apply the usual deference required by AEDPA. Under our precedent, the California Supreme Court’s denial of Pinholster’s petition for writ of habeas corpus “on the substantive ground that it is without merit,” Pinholster II, 525 F.3d at 754, constitutes a decision on the merits of his federal claim. See Hunter v. Aispuro, 982 F.2d 344, 347-48 (9th Cir.1992) (noting that “the California Supreme Court’s denial of a habeas petition without comment or citation constituted a decision on the merits of the federal claims” (citing Harris v. Superior Court, 500 F.2d 1124, 1127-29 (9th Cir. 1974) (en banc))); Gaston v. Palmer, 417 F.3d 1030, 1038 (9th Cir.2005) (<HOLDING>). The Supreme Court has not addressed the
recognizing that we ordinarily do not accord precedential value to our unpublished decisions and that such decisions are entitled only to the weight they generate by the persuasiveness of their reasoning citation omitted holding that we must first determine our jurisdiction before proceeding to the merits of the appeal holding that either the district court or the court of appeals must issue a certificate of appealability on both the merits and the procedural bar before we can consider the merits of a claim that the district court held to be procedurally barred recognizing that we construe postcard denials such as these to be decisions on the merits citing hunter 982 f2d at 348 recognizing that sanctions are collateral to the merits of the case and may be considered even after the merits are no longer before the district court