Jarmaal Smith v. Greg Lewis

MEMORANDUM

California state prisoner Jarmaal Smith appeals pro se from the district court’s judgment denying his 28 U.S.C. § 2254 habeas petition. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The district court concluded that Smith’s juror misconduct claim was procedurally barred and that his ineffective assistance of counsel claims were unexhausted. We decline to review the district court’s procedural rulings and instead affirm the denial of habeas relief because Smith’s claims fail on the merits. See White v. Klitzkie, 281 F.3d 920, 922 (9th Cir.2002) (court can affirm on any ground supported by the record even if the issue is not included in the certificate of appealability).

Although the parties’ briefs address the merits of Smith’s claims, they do not discuss whether this court must accord AEDPA deference to the superior court’s decisions denying Smith’s state habeas petitions. We need not resolve that issue because Smith’s claims fail even on de novo review. See Berghuis v. Thompkins, 560 U.S. 370 , 130 S.Ct. 2250, 2264 , 176 L.Ed.2d 1098 (2010) (when a state court’s decision is correct under de novo review it is necessarily reasonable under AEDPA’s more…