Dennis Victorian v. Vimal Singh

MEMORANDUM

Appellant Dennis James Victorian (Victorian) was convicted of first degree burglary, second degree robbery, and assault with a deadly weapon by a Los Angeles County Superior Court jury. Victorian appeals the district court’s denial of his Petition for a Writ of Habeas Corpus. Victorian asserts that his Sixth Amendment rights were violated when the trial court excused a holdout juror and refused to declare a mistrial.

The state court decision denying relief was not contrary to or an unreasonable application of Supreme Court precedent. Nor was it an unreasonable determination of facts, as the record demonstrates that the holdout juror declined to continue deliberating. Victorian has cited no United States Supreme Court case holding that dismissal of a juror, holdout or otherwise, is unconstitutional. See White v. Woodall, — U.S.-,-, 134 S.Ct. 1697, 1706 , 188 L.Ed.2d 698 (2014) (clarifying that law is not clearly established if it must be extended to the facts of the case under consideration). Additionally, the trial court has broad discretion in deciding whether to grant a mistrial when the jury is deadlocked. See Illinois v. Somerville, 410 U.S. 458, 462 , 93 S.Ct.…