Walton

MEMORANDUM **

California state prisoner Kevin Lavelle Walton appeals pro se the dismissal of his 28 U.S.C. § 2254 petition, challenging his 1995 jury trial conviction for second degree murder with use of a firearm. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Reviewing de novo, Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.

Walton contends that his appellate counsel was ineffective for filing a no-issues brief, pursuant to People v. Wende, 25 Cal.3d 436 , 158 Cal.Rptr. 839 , 600 P.2d 1071 (1979), because counsel did not raise on direct appeal the issue of whether the trial court erred by failing to conduct an evidentiary hearing regarding possible ju *132 ror bias or misconduct. Based on our reading of the juror’s letter to Walton and the attorney’s affidavit relating the juror’s statements, we conclude that the California state courts would not have allowed an evidentiary hearing regarding possible juror bias or misconduct. See People v. Hedgecock, 51 Cal.3d 395 , 272 Cal.Rptr. 803 , 795 P.2d 1260, 1272 (1990) (holding that a trial court may conduct an evidentiary hearing regarding juror misconduct only if it is “necessary to resolve material, disputed…