Michael Pina v. Washington State

MEMORANDUM

Petitioner-Appellant Michael Piña (“Piña”) appeals the district court’s denial of his petition for writ of habeas corpus brought under 28 U.S.C. § 2254 (2006). He asserts that the district court erred in concluding that his federal constitutional claims of juror misconduct are unexhaust-ed and procedurally barred.

Piña exhausted his juror misconduct claims by presenting them to the Washington Supreme Court in a personal restraint petition. See Casey v. Moore, 386 F.3d 896, 919 (9th Cir.2004) (noting that “[i]n Washington, a personal restraint petition may be used to assert the violation of a federal constitutional right even if the defendant did not raise the issue on direct appeal.”).

We need not decide whether Piña’s juror misconduct claims are procedurally barred because those claims clearly lack merit. See Franklin v. Johnson, 290 F.3d 1223, 1232 (9th Cir.2002) (“[Ajppeals courts are empowered to, and in some cases should, reach the merits of habeas petitions if they are, on their face and without regard to any facts that could be developed below, clearly not meritorious despite an asserted procedural bar.”); see also Lambrix v. Singletary, 520 U.S. 518, 525 ,…