THOMPSON, Circuit Judge.
A Massachusetts jury convicted petitioner Michael Lyons ("Lyons") of second-degree murder in the death of his two week old son. Lyons timely filed a motion seeking to reduce the verdict to involuntary manslaughter, which the trial court granted and the Massachusetts Appeals Court ("MAC") affirmed. However, on appeal to the Supreme Judicial Court ("SJC"), the court vacated the reduction and reinstated Lyons's original conviction for second-degree murder. Thereafter, Lyons sought a writ of habeas corpus in federal district court claiming a violation of his constitutional rights under the Fourteenth Amendment—specifically, that the admission of autopsy photographs had deprived him of a fair trial. The district court dismissed the petition and Lyons appealed to this court. Before us, Lyons challenges the dismissal of his habeas petition. Bound by the strictures of the standard of review set forth in the Antiterrorism and Effective Death Penalty Act ("AEDPA"), we affirm.
We review the facts as described by the SJC "supplemented with other record facts consistent with the SJC's findings." Yeboah-Sefah v. Ficco, 556 F.3d 53, 62 (1st Cir.2009) (internal quotation marks and citation omitted).
On the afternoon of June 28, 1998, Lyons's two week old infant son was rushed to Good Samaritan Hospital and then "med flighted" to New England Medical Center in Boston—he died there as a result of "severe cerebral edema and subdural hematomas due to shaking." Commonwealth v. Lyons, 444 Mass. 289, 828 N.E.2d 1, 4 (2005). Lyons, who was approximately five feet eight inches tall and weighed between 275 and 300 pounds, admitted to police that he had shaken the baby. Id. Lyons described how he had placed his hands underneath the baby's armpits and shaken his son. Id. Apparently, he did so with enough force to shake a 215 pound man. Id.
At trial, three autopsy photographs were introduced over Lyons's objection. Id. at 8. The trial court instructed the jurors that the pictures were being introduced for the limited purpose of "draw[ing] attention to a clinical medical status or to the nature and extent [] of the alleged victim[] in [this] case." There were bruises on both sides of the baby's upper back muscles just below his neck, and his body showed all the tell tale signs of shaken baby syndrome, which "essentially destroyed his brain." Id. at 4. Due to the severity of the child's injuries, he would have lost consciousness and become unresponsive "nearly instantaneously or within a very few seconds." Id. While Lyons admitted to shaking his son, he claimed that he did so out of panic, in an attempt to revive the baby, after finding the baby non-responsive.
On July 13, 2001, a state court jury found Lyons guilty of murder in the second degree for the death of his infant son. Lyons appealed and filed a motion pursuant to Mass. R.Crim. P. 25(b)(2), seeking a reduction of the verdict from second-degree murder to involuntary manslaughter. The Commonwealth opposed the motion. In its Memorandum of Decision and Order, the trial court discussed the "fine line distinguishing murder based on the third prong of malice from . . . involuntary manslaughter." After "[c]onsidering all the circumstances of the case at bar, [the court was] satisfied that the degree of risk of physical harm manifested by [Lyons's] actions was more consistent with wilful and wanton conduct than with third-prong malice." Therefore, "[a]fter lengthy and soul-searching deliberation, [the court] determined that justice [would] be more nearly achieved by reducing the verdict from murder in the second degree to involuntary manslaughter" and granted Lyons's motion. The MAC affirmed the order reducing the verdict, concluding that the trial justice had acted within her discretion. See Commonwealth v. Lyons, 61 Mass.App.Ct. 1103, 807 N.E.2d 862 (Mass.App. Ct.2004). Subsequently, the Commonwealth filed an application for leave to obtain further appellate review, which the SJC granted. Lyons, 828 N.E.2d at 4.
In a 4-3 decision, a divided SJC found that the trial justice abused her discretion in reducing Lyons's verdict from second-degree murder to involuntary manslaughter and reinstated the conviction. Id. Lyons sought rehearing but was denied. Thereafter, Lyons filed a petition in federal court for a writ of habeas corpus under 28 U.S.C. § 2254. He claimed that the admission of the autopsy photographs violated his right to due process as guaranteed by the Fourteenth Amendment. The petition was denied. Lyons appealed and filed a motion for a certificate of appealability ("COA"), which the district court granted on June 25, 2009.
Our review of the district court's denial of habeas relief is de novo. See Shuman v. Spencer, 636 F.3d 24, 30 (1st Cir.2011).
Pursuant to AEDPA, "our standard of review of the SJC's decision depends on whether that court `adjudicated on the merits' [Lyons's due process] claim." Healy v. Spencer, 453 F.3d 21, 25 (1st Cir.2006) (quoting 28 U.S.C. § 2254(d)); see also Fortini v. Murphy, 257 F.3d 39, 47 (1st Cir.2001) ("AEDPA's strict standard
Cavazos v. Smith, ___ U.S. ___, 132 S.Ct. 2, 6, ___ L.Ed.2d ___ (2011) (per curiam) (quoting 28 U.S.C. § 2254(d)(1) and (2)); see also Harrington v. Richter, ___ U.S. ___, 131 S.Ct. 770, 785, 178 L.Ed.2d 624 (2011). On the other hand, "[i]f it did not, we review de novo." Healy, 453 F.3d at 25. Both parties agree that Lyons included the constitutional argument in his brief to the SJC. And even though the SJC did not elaborate on its reasoning for rejecting Lyons's due process claim, the SJC nevertheless addressed the claim when it concluded "that there [was] no merit in [Lyons's] allegations of error." Lyons, 828 N.E.2d at 4. Consequently, our review is deferential.
Butler v. O'Brien, 663 F.3d 514, 517-18 (1st Cir.2011) (internal quotation marks and citations omitted).
This standard "does not demand infallibility: a state court's decision may be objectively reasonable even if the federal habeas court, exercising its independent judgment, would have reached a different conclusion." Rashad v. Walsh, 300 F.3d 27, 35 (1st Cir.2002). Consequently, a determination that the SJC's conclusion was "unreasonable" requires "something greater than incorrect or erroneous." Shuman, 636 F.3d at 30. Moreover, "[i]f it is a close question whether the state decision is in error, then the state decision cannot be an unreasonable application." Healy, 453 F.3d at 26. Finally, even if we conclude that the SJC's conclusion was "unreasonable, habeas relief remains unavailable unless [Lyons] can also show that the error had a substantial and injurious effect or influence in determining the jury's verdict." Shuman, 636 F.3d at 30.
Before getting into the merits of Lyons's claim, we must first address a preliminary matter.
According to Lyons, the SJC unreasonably applied clearly established federal law when it found no error in the introduction of the autopsy photographs into evidence.
An erroneous evidentiary ruling that results in a fundamentally unfair trial may constitute a due process violation and thus provide a basis for habeas relief. See Coningford v. Rhode Island, 640 F.3d 478, 484 (1st Cir.2011). However, to give rise to habeas relief, "the state court's application
For starters, Lyons has failed to bring to our attention any clearly established Supreme Court precedent holding that the admission of autopsy photographs violates due process rights. As such, "the broader fair-trial principle is the beacon by which we must steer." Coningford, 640 F.3d at 485. Moreover, "[t]he Supreme Court has defined the category of infractions that violate fundamental fairness very narrowly."
In affirming the trial court's admission of the photographs, the SJC stated,
Lyons, 828 N.E.2d at 9. Though Lyons may disagree with the ruling, the SJC did weigh any unfair prejudice to Lyons against the probative value of admitting the photos. Ultimately, the SJC determined that while the photos were "disturbing," they were nonetheless relevant and
Further, the SJC deemed the trial court's limiting instruction to the jury sufficient to mitigate any potential unfair prejudice to Lyons. In so ruling and in finding that there was no merit to any of Lyons's claims, the SJC implicitly determined that Lyons's trial was not so infused with inflammatory prejudice as to render it constitutionally unfair. This "was well within the universe of plausible evidentiary rulings." Coningford, 640 F.3d at 485. Given this court's highly deferential standard for evaluating state-court rulings under AEDPA, we cannot say that the SJC's conclusion that the admission of the autopsy photographs was proper was so arbitrary or capricious as to be "an unreasonable application of[] clearly established Federal law." 28 U.S.C. § 2254(d)(1).
For the reasons stated, the district court's dismissal of the habeas petition is affirmed.