Amando Clavano v. P. D. Brazelton

MEMORANDUM

Petitioner Amando Clavano (“Amando”) appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition. Amando was convicted of first degree murder, along with his brother Oliver, for shooting James Townsend after Townsend had stolen their car stereo/radio. Amando contends there was unconstitutional jury coercion, a Confrontation Clause violation, and sentencing error.

The jury reported that it had been deadlocked after 13/é hours of deliberation, in three different sessions over approximately 9 days, with lengthy read backs and a six-day hiatus. The trial court sent the jury back to deliberate, but only after inquiring about the numerical division of the jury as to guilt and innocence.

This court decided Oliver’s appeal in 2012. Clavano v. Hedgepath, 473 Fed.Appx. 747 (9th Cir.2012). The panel specifically noted the factors that supported the state court’s ruling that there was no undue coercion, in concluding there was no unreasonable application of the Supreme Court’s decision in Lowenfield v. Phelps, 484 U.S. 231 , 108 S.Ct. 546 , 98 L.Ed.2d 568 (1988).

In his appeal, Amando stresses the court’s improper inquiry into the division of the jury as…