Daniil Zhuk v. Mike McDonald

MEMORANDUM

Petitioner Daniil Zhuk appeals from the district court judgment denying his petition for writ of habeas pursuant to 28 U.S.C. § 2254 . Zhuk challenges his California convictions for first-degree felony murder, attempted robbery, and attempted carjacking. Zhuk argues that the jury committed prejudicial -misconduct in violation of his federal constitutional rights by allegedly (1) bartering votes to reach a compromise verdict, (2) injecting professed legal expertise into deliberations, (3) using the verdict to send a message, and (4) considering potential punishment. We have jurisdiction under 28 U.S.C. § 2253 , and we affirm.

The California Court of Appeal denied Zhuk’s motion for a'new trial based on the jury misconduct he alleges here. We must deny Zhuk’s habeas petition unless he establishes that (1) the state court’s decision contradicted clearly established federal law, 28 U.S.C. § 2254 (d), and (2) the alleged misconduct had a substantial and injurious effect on the jury’s verdict, Brecht v. Abrahamson, 507 U.S. 619, 623 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993). Vasquez v. Kirkland, 572 F.3d 1029, 1035 (9th Cir.2009).

Zhuk has not established that the state…