Hill

MEMORANDUM **

In 1988, Tharon B. Hill (“Hill”) was convicted of conspiracy to commit first degree murder by explosive in California state court, and was sentenced to 25 years to life imprisonment. The California Court of Appeal affirmed Hill’s conviction in People v. Hill, 3 Cal.App.4th 16 , 4 Cal. Rptr.2d 258 (1992). The district court denied Hill’s federal habeas petition. We granted Hill’s request for a certificate of appealability regarding his assertion that he was prejudiced by jury misconduct when three members of the jury discussed the penalty he would receive if convicted, and one juror testified that she changed her vote to guilty as a result.

This habeas petition was filed after the April 24,1996 effective date of the Antiter-rorism and Effective Death Penalty Act of 1996 (“AEDPA”), so that statute applies to this case. See Van Tran v. Lindsey, 212 F.3d 1143, 1148 (9th Cir.), cert, denied, 531 U.S. 944 , 121 S.Ct. 340 , 148 L.Ed.2d 274 (2000). Because the parties are familiar with the facts, we do not discuss them in this disposition.

Juror misconduct is a mixed question of law and fact. See Sassounian v. Roe, 230 F.3d 1097, 1108 (9th Cir.2000) (as amended). Under…