Derryel Lee v. Brian Belleque

MEMORANDUM

Petitioner Derryel Lee appeals from the district court’s denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . He alleges constitutional violations arising from jury misconduct during deliberations. We have jurisdiction under 28 U.S.C. §§ 1291 and 2253, and we affirm.

We review a district court’s denial of a federal habeas petition de novo. Clabourne v. Ryan, 745 F.3d 362, 370 (9th Cir.2014). A district court’s factual findings and credibility determinations are reviewed for clear error. Jones v. Taylor, 763 F.3d 1242, 1245 (9th Cir.2014).

Federal courts “will not review a question of federal law decided by a state court if the decision of that court rests on a state law ground that is independent of the federal question and adequate to support the judgment.” Coleman v. Thompson, 501 U.S. 722, 729 , 111 S.Ct. 2546 , 115 L.Ed.2d 640 (1991). A state procedural rule is “independent” if it is not “interwoven with federal law.” La Crosse v. Kernan, 244 F.3d 702, 704 (9th Cir.2001). A state rule is “adequate” if it is “clear, consistently applied, and well-established” at the time of the default. Calderon v. U.S. District Court, 96 F.3d 1126 ,…