Arthur Grajeda v. A. Scribner

MEMORANDUM

Petitioner Arthur Grajeda appeals the district court’s denial of his petition for a writ of habeas corpus, brought pursuant to 28 U.S.C. § 2254 . We have jurisdiction under 28 U.S.C. § 1291 and affirm.

We review the district court’s denial of a habeas petition de novo, and the district court’s findings of fact for clear error. Carrera v. Ayers, 699 F.3d 1104, 1106 (9th Cir.2012) (en banc).

Grajeda was charged in California state court with two counts of murder jointly with his codefendant, and the trial court denied his motion to sever his trial from that of his codefendant. Grajeda was convicted on both counts, and on appeal, the California Court of Appeal affirmed, with one judge dissenting. The California Supreme Court denied Grajeda’s petition for review without comment.

We review the decision of the California Court of Appeal because it was the last reasoned state judgment addressing Grajeda’s claim that denial of his motion to sever was constitutional error. See Ylst v. Nunnemaker, 501 U.S. 797, 803 , 111 S.Ct. 2590 , 115 L.Ed.2d 706 (1991) (“Where there has been one reasoned state judgment rejecting a federal claim, later unexplained orders upholding that…