Akhmad

Akhmad v. Ignacio

Good Law
51 F. App'x 256
United States Court of Appeals for the Ninth CircuitNovember 22, 2002No. 02-15055; D.C. No. CV-98-00147-ECRCalifornia339 words

Opinion

Lead Opinion

MEMORANDUM *

Akhmad claims that jury misconduct occurred during deliberations at his trial. He has the burden of showing that a constitutional error had a “substantial and injurious effect or influence in determining the jury’s verdict.” Brecht v. Abrahamson, 507 U.S. 619, 637 , 113 S.Ct. 1710 , 123 L.Ed.2d 353 (1993) (citation and internal quotation marks omitted). The introduction of juror “expert” medical opinion bore on a critical issue in the case. However, the weight of the evidence against Akhmad was such that any error was harmless, and did not have a substantial and injurious effect on the jury’s decision.

Akhmad also alleges prejudicial prosecu-torial misconduct. The prosecutor’s remarks to the jury during closing argu- *257 merits, however, were fair inferences to be drawn from the record and did not render the trial “so infected ... with unfairness as to make the resulting conviction a denial of due process.” Darden v. Wainmight, 477 U.S. 168, 181 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986) (citation and internal quotation marks omitted). Any references to evidence not presented at trial did not constitute plain error.

Nor did Akhmad’s lawyer render ineffective…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.