Terry Bell v. Domingo Uribe, Jr.

The California Attorney General (“state”) appeals the district court’s grant of habeas relief under 28 U.S.C. § 2254 to California state prisoners Terry Bell and Natalie DeMola (“petitioners”). In granting relief, the district court concluded that the petitioners’ Sixth Amendment rights were violated when the trial court removed for willful misconduct, in conformance with California Penal Code § 1089, the only juror advocating for acquittal.

The California Court of Appeal found that the juror was properly removed because she engaged in misconduct by: (1) offering her expert opinion on the petitioners’ mental health, and (2) violating the court’s instructions by consulting a dictionary in order to obtain a medical definition that she presented to her fellow jurors during deliberations. The district court relied on then controlling Ninth Circuit precedent, since reversed by the Supreme Court, to conduct a de novo review of the petitioners’ federal habeas claims.

We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we reverse and vacate the district court’s order granting Bell and DeMola habeas relief. In assessing the habeas petitions filed by Bell and DeMola, the…