John Mitchell v. Matthew Martel, Acting Warden

MEMORANDUM

California state prisoner John Mitchell appeals the district court’s denial of his 28 U.S.C. § 2254 habeas corpus petition challenging his jury conviction of robbery and of firearm possession by a felon. We review the district court’s decision to deny Mitchell’s petition for a writ of habeas corpus de novo. Lambert v. Blodgett, 393 F.3d 943, 964 (9th Cir.2004).

Mitchell argues that he is entitled to habeas relief on the ground that he was denied his Sixth Amendment right to a fair trial as a result of jury misconduct, and specifically contends that jurors considered extrinsic evidence, an issue we certified, as well as making other complaints about alleged juror coercion, which were not certified. The state trial court held a hearing to determine if there was any merit to Mitchell’s claims. After a searching inquiry, the trial court made a factual finding that there was no credible evidence of any juror misconduct, and the California Court of Appeal affirmed. In reaching its decision after hearing, the state trial court explicitly contrasted the views of three jurors who had complained with the views expressed by other jurors whose statements did not indicate that…