Robert Jurado v. Ron Davis

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT JURADO, No. 18-99009 Petitioner-Appellant, D.C. No. v. 3:08-cv-01400-

JLS-JMA

RONALD DAVIS, Warden, San Quentin State Prison, Respondent-Appellee. OPINION

Appeal from the United States District Court for the Southern District of California Janis L. Sammartino, District Judge, Presiding

Argued and Submitted June 23, 2021 Pasadena, California

Filed September 10, 2021

Before: Sidney R. Thomas, Chief Judge, and Susan P. Graber and Richard R. Clifton, Circuit Judges.

Opinion by Chief Judge Thomas SUMMARY*

Habeas Corpus / Death Penalty

The panel affirmed the district court’s judgment denying Robert Jurado’s habeas corpus petition challenging his first- degree murder conviction and death sentence.

The panel held that the California Supreme Court’s conclusion that the Double Jeopardy Clause did not bar further prosecution of Jurado was not an unreasonable application of clearly established federal law or an unreasonable determination of the facts within the meaning of 28 U.S.C. § 2254(d). After Jurado’s indictment,…