Marino

Marino v. Clarke

Good Law
16 F. App'x 690
United States Court of Appeals for the Ninth CircuitAugust 1, 2001No. 00-15316California765 words

Opinion

Lead Opinion

MEMORANDUM

Salvatore Marino (“Marino”) appeals the dismissal of his 1997 habeas petition by the District Court. Marino sought to challenge his 1991 state murder convictions as well as his 1994 state weapons convictions. Marino advances three arguments on appeal: (1) the district court should have deemed his 1997 habeas petition a direct attack on his 1991 state murder convictions; (2) the district court erred by ruling that he cannot collaterally attack the constitutionality of his 1991 murder convictions by attacking his 1994 weapons convictions; (3) the district court erred by failing to find sufficient evidence of juror bias to warrant an evidentiary hearing. *691 We consider each argument in turn and affirm the district court.

I.

Habeas petitions filed after April 24, 1996 are governed by the new procedural rules and the new standards of review set forth in the Antiterrorism and Effective Death Penalty Act (AEDPA). AEDPA applies to Marino’s petition, because he filed the petition on May 20, 1997. The first two issues raised by Marino on appeal are matters of federal procedure and jurisdiction. The third issue, juror bias, was adjudicated by a state court and is entitled…

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