Northern

MEMORANDUM *

Michael Northern, an Arizona state prisoner, appeals from the district court’s denial of his 28 U.S.C. § 2254 petition challenging his 1993 conviction for first degree murder, armed robbery and two counts of forgery. Because the Antiterrorism and Effective Death Penalty Act (AEDPA) governs this case, the petition will be granted only if the state court’s decision was “contrary to, or involved an unreasonable application of, clearly established Federal law as determined by the Supreme Court of the United States.” 28 U.S.C. § 2254 (d)(1). Northern argues that the use immunity granted to his codefendant, Theresa Brown, pursuant to Ariz. Rev.Stat. § 13-4064, deprived him of his Sixth Amendment right to confrontation and that his counsel was ineffective for failing to renew the motion to sever the trials.

Brown invoked her Fifth Amendment privilege against self-incrimination as to all questions asked of her at Northern’s first trial. The state trial court granted the prosecution’s motion to give Brown use immunity, thereby compelling her to testify. Nevertheless, that trial ended in a mistrial. Because Brown’s testimony was compelled, the trial court properly disallowed…