Ronald Hurtado v. Stu Sherman

MEMORANDUM

California state prisoner Ronald Hurta-do appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his convictions for attempted murder, shooting at an occupied motor vehicle, and attempting to dissuade a witness. At voir dire before Hurtado’s trial, the state court denied Hurtado’s for-cause challenge of a juror, referred to here as “Juror 10.” The state appellate court affirmed. In his petition filed before the district court, Hurtado argued that the state trial court violated his right to an impartial jury. Although the district court denied Hurtado’s petition, it granted a certificate of appealability on the juror issue.

We have jurisdiction under 28 U.S.C. §§ 1291 and 2253. We review the district court’s denial of a habeas corpus petition de novo. Yee v. Duncan, 463 F.3d 893, 897 (9th Cir. 2006). To reverse the district court, we must hold that the state appellate court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court,” or “was based on an unreasonable determination of the facts in light of the evidence presented.” 28 U.S.C. § 2254…