Michael A. Sims v. James Rowland, Director of the California Department of Corrections

We must decide whether a state court’s failure to hold an evidentiary hearing sua sponte when presented with evidence of juror bias is contrary to, or an unreasonable application of, clearly established federal law as determined by the United States Supreme Court. 28 U.S.C. § 2254 (d)(1) (2000). We hold that it is not. Accordingly, we affirm the decision of the district court denying the appellant’s petition for a writ of habeas corpus.

I

The appellant, Michael Sims, was charged in California Superior Court with, inter alia, one count of first degree robbery and two counts of second degree robbery with enhancements for infliction of great bodily injury. See Cal. Penal Code §§ 211 , 12022.7. Several hours after his case was submitted to the jury for deliberation, the court received a note from the jury foreman reading as follows:

With both the prosecutor and defense counsel’s written approval, the trial judge responded with the following note:

Subsequently, the jury sent a second note, this time requesting “a copy of the questionnaire that the defense attorney/ defendant did get to see — -even a blank form.” The note further inquired as to whether the juror’s “names,[and/or]…