Collins

ORDER

Petitioner, a state prisoner represented by counsel, seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254 . He seeks to challenge his 2000 convictions for second degree robbery and first degree murder. He alleges relief is warranted on the grounds that the trial court denied his constitutional right to a fair trial by denying his motion to sever his trial from that of his codefendant where their defenses were mutually exclusive. The matter was referred to the Honorable Gregory G. Hollows, United States Magistrate Judge. Judge Hollows recommends Petitioner’s application be denied. This Court concurs in the recommendation as there appears to be no clearly established federal law binding on the states regarding severance where codefendants present mutually exclusive defenses.

I — BACKGROUND

On October 22, 1998, Robert Yee and his wife, Sim, were robbed while closing up their market in Rio Linda, California. Mrs. Yee, who suffered from impaired lungs and an enlarged heart, died, likely because she could not breathe effectively having been tied up and placed face down with duct tape across her mouth. See Reporter’s Transcript (“RT”) at 449-50. Investigators identified…