William Harold Mancuso, Petitioner-Appellant-Cross-Appellee v. Ana M. Olivarez, Respondent-Appellee-Cross-Appellant

Respondent Ana M. Olivarez appeals the district court’s order granting, in part, California state prisoner William Mancuso’s 28 U.S.C. § 2254 habeas petition on the ground of juror misconduct. Mancuso cross-appeals the district court’s denial of five of his remaining claims for relief. We have jurisdiction under 28 U.S.C. §§ 1291 & 2253. Because we deny the habeas corpus relief awarded by the district court as to the juror misconduct claim, we reverse, in part, and affirm the remainder of the district court’s order.

I

Mancuso was convicted in 1980 of first degree murder and robbery. The California Court of Appeal summarized the facts surrounding the murder as follows:

People v. Mancuso, No. 3 Crim. 10984 (Cal.Ct.App. Nov. 4,1982) (order affirming conviction).

Mancuso’s jury trial lasted more than one month. During that time, the jury heard thirty-one days of testimony from more than one hundred witnesses. In support of its case, the State presented the following evidence against Maneuso: eyewitness testimony of Dale King; testimony regarding Mancuso’s efforts to construct a silencer; testimony of Marcie Crooks, a student intern with the Sacramento County Sheriffs…