Ruiz

MEMORANDUM ***

Petitioner Alexei Ruiz appeals the denial of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 . Ruiz was convicted in California state court of first degree murder in the beating death of Bryson Blackman. During trial, Ruiz testified that on the evening of the beating, he was looking for an individual named DeVon Briddick who owed him money, and wanted only to ask Blackman if he knew where Briddick was. During cross-examination, the prosecutor asked Ruiz about Briddick, who had by then been shot to death in a different incident. Police reports on Briddick’s shooting contained statements from Briddick’s family members suggesting that Briddick had been shot because he had taken money from Ruiz.

The following exchange occurred:

On appeal, Ruiz argues that the prosecutor’s references to the shooting of Briddick so infected his trial with unfairness as to make his conviction a denial of due process. See Darden v. Wainwrigkt, 477 U.S. 168, 181 , 106 S.Ct. 2464 , 91 L.Ed.2d 144 (1986). The misconduct, however, was limited to three improper questions during the course of a lengthy trial. The questions did not directly implicate Ruiz in the shooting of…