Herman Walter Kreutzer v. William Duncan, Warden

70 F.3d 1279 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Herman Walter KREUTZER, Petitioner-Appellant, v. William DUNCAN, Warden, Respondent-Appellee. No. 94-56328. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 15, 1995. Decided Nov. 22, 1995. Before: FARRIS, BRUNETTI and KOZINSKI, Circuit Judges. 1 MEMORANDUM * 2 Herman Walter Kreutzer appeals the District Court's denial of his habeas petition. We have jurisdiction under 28 U.S.C. Sec. 2253 . We affirm. I. JUROR MISCONDUCT 3 Kreutzer contends that he was denied due process by two incidents of juror misconduct. 4 Even if looking up the dictionary definition of "malice" was juror misconduct, "a petitioner is entitled to habeas relief only if it can be established that the constitutional error had 'substantial and injurious effect or influence in determining the jury's verdict.' " Lawson v. Borg, 60 F.3d 608 (9th Cir.1995) (quoting Brecht v. Abrahamson, 113 S.Ct. 1710, 1722 (1993). The burden…