Olson

MEMORANDUM **

Arizona state prisoner Jack Robert Olson appeals pro se the district court’s denial of his 28 U.S.C. § 2254 petition, challenging his conviction for first degree murder, first degree burglary and conspiracy to commit murder. We have jurisdiction pursuant to 28 U.S.C. § 2253 . Reviewing de novo, see Miles v. Prunty, 187 F.3d 1104, 1105 (9th Cir.1999), we affirm.

Olson contends that his right to a fair trial and his right to equal protection were violated when the trial court denied his motion to sever his trial from his co-defendants. Olson alleges his joint trial prejudiced him because (1) the defenses were mutually antagonistic, (2) his rights under the Confrontation Clause were violated, and (3) the trial court failed to give a limiting instruction sua sponte regarding his co-defendant’s inculpatory testimony.

A court may grant habeas relief based on a state court’s decision to deny a motion for severance only if the joint trial was so prejudicial that it denied a petitioner his right to a fair trial. Zafiro v. United States, 506 U.S. 534, 538-39 , 113 S.Ct. 933 , 122 L.Ed.2d 317 (1993) (a court should grant severance “if there is a serious risk that a joint…