Mounsaveng

MEMORANDUM

Pursuant to the certificate of appealability, this appeal from a denial of 28 U.S.C. 2254 habeas corpus relief to Oday Mounsa-veng presents two issues: (1) whether the state court committed a structural error when the trial judge stated an incorrect burden of proof regarding Mounsaveng’s duress defense, and (2) if not, whether the state appellate court’s harmless-error analysis was objectively unreasonable. See 28 U.S.C. § 2253 (c)(3).

Between July 31 and December 19, 1996, Mounsaveng and Vaene Sivongxxay committed five armed robberies of small jewelry stores and a minimarket. In the final robbery, Sivongxxay shot and killed one of the owners. Mounsaveng and Si-vongxxay were charged with first-degree murder, felony murder as to Mounsaveng, and robbery, including firearms enhancements. They were tried together without a jury.

Mounsaveng testified about a series of earlier uncharged robberies as well as the charged robberies. He represented that his duress began in December 1995 with various individuals, including Sivongxxay, who caused Mounsaveng to fear for his life and haim to his family, which resulted in his participation in the charged and uncharged robberies. In…