Rodney Hollie v. Anthony Hedgepeth

MEMORANDUM

Petitioner Rodney Deon Hollie (“Hollie”), a California state prisoner, appeals the district court’s denial of his habeas petition under 28 U.S.C. § 2254 . We have jurisdiction pursuant to 28 U.S.C. § 2253 and we affirm.

1. Hollie is not entitled to habeas relief on his claim that the state court’s denial of his motion for a separate jury trial on Counts 1 and 2 (“motion to sever charges”), violated his constitutional right to due process. Under 28 U.S.C. § 2254 (d)(1), a federal court may only grant a state prisoner habeas relief if the state court’s denial of the prisoner’s claim contravenes “clearly established Federal law, as determined by the Supreme Court of the United States.” See 28 U.S.C. § 2254 (d)(1). The Supreme Court has never held that a trial court’s failure to provide separate trials on different charges implicates a defendant’s right to due process. See Collins v. Runnels, 603 F.3d 1127, 1132 (9th Cir.2010) (rejecting petitioner’s argument that United States v. Lane, 474 U.S. 438 , 106 S.Ct. 725 , 88 L.Ed.2d 814 (1986), provides “clearly established federal law” governing a state court’s denial of a motion to sever).

2. The state court’s denial of…