Travis Reay v. A. Scribner

MEMORANDUM

Travis Reay appeals the denial of his petition for writ of habeas corpus. Reay was convicted by a jury in California of first-degree murder with an enhancement for personal use of a weapon. Because his petition is subject to the Anti-Terrorism and Effective Death Penalty Act of 1996, claims that a state court has denied on the merits may not result in federal habeas relief unless the state court’s ruling (1) was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States,” or (2) was “based on an unreasonable determination of the facts in light of the evidence presented in the State court proceedings.” 28 U.S.C. § 2254 (d). We affirm.

Denial of Reay’s motion to sever trial from that of his wife and codefendant, Nettie Reay, did not violate Reay’s due process rights. Denial of a motion to sever trial violates due process “only if there is a serious risk that a joint trial would compromise a specific right of one of the defendants, or prevent a jury from making a reliable judgement about guilt or innocence.” Zafiro v. United States, 506 U.S. 534, 539 , 113 S.Ct. 933 , 122 L.Ed.2d 317…